Local Rule 53.1 | HOURS OF THE COURT
The Probate Court and its offices shall be open for the transaction of business from 8:00 o'clock a.m. to 4:00 o'clock p.m. Monday through Friday. The Probate Court shall be closed on Saturday, Sunday and legal holidays. |
Local Rule 55.1 | EXAMINATION OF COURT RECORDS
(A) Copies of any open records may be obtained at the rate set and posted by the Court. |
Local Rule 57.1 | FILINGS AND JUDGEMENT ENTRIES
(A) All forms and attachments must be typed or legibly printed in black ink. Documents not in compliance with this rule shall not be accepted for filing.
(B) The original filing of any proceeding shall contain the attorney's Supreme Court registration number; otherwise, the filing may be refused. |
Local Rule 58.1 | DEPOSIT FOR COURT COSTS
Costs incurred in opening an estate, trust or guardianship must be paid at that time. Costs incurred thereafter must be paid when the account is filed.
Costs for all other matters must be paid at each filing.
A schedule of costs is available at the Court. |
Local Rule 60.1 | APPLICATION FOR LETTERS OF AUTHORITY TO ADMINISTER ESTATE AND NOTICE OF APPOINTMENT
(A) When a next of kin takes per stripes, the name of the deceased parent and the parent's relationship to the decedent shall be stated on the standard probate form 1.0.
(B) Service of notice pursuant to C.R. 73 (E) shall be without Court intervention.
(C) No more than three (3) fiduciaries will be appointed unless there are special circumstances which shall be set forth in an application. |
Local Rule 61.1 | APPRAISERS AND INVENTORIES
(A) Appraiser fees shall be subject of allowance on application and shall be allowed on the value of the service rendered. For exceptions see guidelines.
(B) Valuations shall be in accordance with Federal Estate Tax regulations.
(C) There is no mandatory publication of Notice of the filing and hearing on the inventory pursuant to O.R.C. 2115.16. Fiduciaries or their attorneys may make written requests to the Court to publish Notice, which Notice shall be prepared by the fiduciary or the fiduciary's attorney and submitted with the request.
(D) Complete legal descriptions must be set forth in the inventory or attached thereto. If an application for certificate of transfer or a sale of real estate contains a new or different legal description, the fiduciary or the fiduciary's attorney shall advise the court in writing of the new legal description and the reasons therefore. |
Local Rule 64.1 | ACCOUNTS
(A) All account disbursements shall be identified by consecutive numbers, and all vouchers shall bear the corresponding number and shall be presented in the same consecutive order. All payments, that are not self evident, shall identify the nature of the payment.
(B) Printed statements of brokerage firms or regulated investment companies may be certified by the fiduciary.
(C) The fiduciary or his attorney shall disclose to the court in writing any changes in the beneficial interest due to death, attainment of specified age, or the occurrence of any other event, on or before the filing of the next succeeding account. |
Local Rule 66.1 | GUARDIANSHIPS
The guardian shall file with the Court all Wills of the ward. |
Local Rule 68.1 | SETTLEMENT OF INJURY CLAIMS OF MINORS
In all settlements, if other persons are involved, then the known amounts of the other settlements must be submitted with the application.
If some of the settlement is by deferred payments, there shall be filed with the proposed settlement an actuary's statement of the present value of the stated settlement, which shall be based upon prevailing current interest rates. |
Local Rule 70.l | SETTTLEMENT OF WRONGFUL DEATH AND SURVIVAL CLAIMS
(A) In all settlements if other persons are involved, then the known amounts of the other settlements must be submitted with the application.
(B) If some of the settlement is by deferred payments, there shall be filed with the proposed settlement an actuary's statement of the present value of the stated settlement, which shall be based upon prevailing current interest rates.
(C) If attorney fees are not deferred, fees will be allowed on present value, and fees may not substantially exhaust up front cash payments. Copies of all insurance policies must be filed with the court, and all policies of primary insurers must be with A+ rated insurance companies.
(D) Contingent fee contracts must be approved by the Court and a copy filed. Under no circumstance shall the net amount received by the client be less than the fee of the attorney. |
Local Rule 71.1 | COUNSEL FEES
(A) A computation of fees conforming to the guidelines shall be signed by the attorney and the fiduciary and attached as an exhibit with the final account or the application for allowance of partial payment.
(B) All attorney fees shall be based on the reasonable value thereof and shall be the subject of allowance on application by the fiduciary. Where application for attorneys' fees is required, such application shall separately list attorney time, non-attorney time and hourly rates for each.
(C) Counsel fees in accordance with the guidelines on file in the Court will be prima facie reasonable and be approved by the Court. The guidelines are not to be considered as minimum or maximum fees to be charged. If application of the guidelines results in an injustice, the Court may review the fees on its own motion or upon exception to an account.
Values upon which fees are computed shall be the values as finally determined by taxing authorities.
When the alternate valuation of the estate if chosen, attorney fees should be computed on the alternate valuation.
When the qualified farm property valuation is used, attorney fees should be computed on appraised (fair market) value.
(D) Counsel fees under the guideline include the following services to be rendered by the attorney or his office staff:
- Preparing and filing all documents required by law for probate Court administration or release of administration as appropriate.
- Assisting the fiduciary in the resolution of all just debts and obligations of the decedent including filing and processing of health insurance.
- Providing necessary tax releases and other documentation necessary for the transfer of non-probate assets to the designated beneficiaries.
- Preparing the decedent's final income tax return unless the executor or other fiduciary desires preparation by an outside tax return preparer. An outside preparer may be used if circumstances dictate (i.e. complex tax issues or decedent was conducting a business).
- Preparing the estate income tax returns during the administration of the estate including the final 1041, passing on all appropriate deductions to the beneficiaries through providing them a Schedule K-1. An outside preparer may be used if circumstances dictate (i.e. complex tax issues or decedent was conducting a business).
- Preparing any necessary Ohio or Federal Estate Tax returns and related forms.
- Assisting the fiduciary in the distribution of all assets in accordance with decedent's will or law including preparation and filing of certificates of transfer of real estate, and preparation of documents effecting the transfer of intangible personal property.
- Preparing and recording an affidavit transferring joint and survivorship real estate or evidencing extinguishment of life estate.
- Assisting the fiduciary in communicating important aspects of the estate administration to beneficiaries.
(E) The Court recognizes that if there are complex issues involving the administration of the estate, litigation, or complex Ohio or Federal Estate Tax issues involving extensive research and preparation of complex returns and extended audits, that the attorney may be entitled to extraordinary fees. However, matters involving routine issues are to be handled within the ordinary fees guidelines.
(F) The following out-of-pocket expenses should be considered overhead of a law firm not ordinarily recoverable for separate charges against the estate: photocopying expenses, and fax transmissions within the United States, and automobile mileage within the State of Ohio. The Court will consider allowing reimbursement of extraordinary out-of-pocket expenses upon application. |
Local Rule 73.1 | GUARDIAN’S COMPENSATION
(A) See guidelines on file in Court.
(B) When an attorney is serving as sole guardian, and the attorney or his or her i) partner, ii) associate, iii) attorney employed by the same corporation, iv) attorney who is a member of the same association of independent attorneys as the guardian, or v) attorney sharing office space with the guardian is hired to represent the guardian/attorney, then in such cases if the guardian/attorney imposes a charge for record keeping by a paralegal or secretary in the office, such charge shall be deducted from the guardian's compensation. In a case where a non-attorney guardian requests the attorney's office to manage the record keeping and maintain the checkbook, a separate fee will be allowed for this service and for preparing the account at the going paralegal rate.
(C) In case of the appointment of co-fiduciaries, the division of fees should be pro-rata between fiduciaries unless agreement is noted on the application at the time of appointment, or as otherwise ordered by the Court. |
Local Rule 74.1 | TRUSTEE’S COMPENSATION
(A) See guidelines on file in Court.
(B) When an attorney is serving as sole trustee, and the attorney or his or her i) partner, ii) associate, iii) attorney employed by the same corporation, iv) attorney who is a member of the same association of independent attorneys as the trustee, or v) attorney sharing office space with the trustee is hired to represent the trustee/attorney, then in such cases if the trustee/attorney imposes a charge for record keeping by a paralegal or secretary in the office, such charge shall be deducted from the trustee's compensation. In a case where a non-attorney trustee requests the attorney's office to manage the record keeping and maintain the checkbook, a separate fee will be allowed for this service and for preparing the account at the going paralegal rate.
(C) In case of the appointment of co-fiduciaries, the division of fees should be pro-rata between fiduciaries unless agreement is noted on the application at the time of appointment, or as otherwise ordered by the Court.
(D) Fees for corporate trustees are exempted from the fee guidelines set out for guardians and trustees. Their fees however will be subject to review as to reasonableness on application of any interested party. |
Local Rule 75.1 | FIDUCIARY BOND
(A) Personal property ordered impounded pursuant to R.C.2109.13 will be released only on sufficient bond or by direct disbursement by the depository pursuant to Court order. A reasonable fee will be allowed the depository for such services.
(B) The fiduciary shall provide the Court with a statement of the property on hand and the current bond, when release to fiduciary from impoundment is sought.
(C) A bond sufficiency form shall accompany each partial Court accounting. |
Local rule 75.2 | MOTION PRACTICE
(A) All motions and responses shall be submitted in writing with the proper case heading and number accompanied by a memorandum on the related law when appropriate.
(B) All motions shall be ruled on by the Court on pleadings without hearing unless an oral hearing is requested by a party or the Court; and granted by the Court.
(C) Court entries presented for approval shall specify with particularity the motion or matter to which it applies. |
Local Rule 75.3 | RELEASES FROM ADMINISTRATION
(A) See guidelines on file in court. |
Local Rule 75.4 | SERVICE BY PUBLICATION
(A) In any action where service is to be made by publication as authorized by Rule 4.4 of the Civil Rules, the attorney filing the necessary affidavit shall at the same time furnish to the clerk the form of notice of publication which is to be published and the affidavit shall set out the names and addresses of all parties for whom notice by publication is sought.
(B) In any action when it appears by affidavit that the name and residence of a necessary party are unknown and the Court is required to make an order respecting the publication of notice pursuant to R.C. 2703.24, the attorney filing the affidavit shall prepare the order for the court and at the same time furnish to the clerk the form of notice of publication which is to be published. |
Local Rule 75.5 | PRIVATE ADOPTIONS
The mother must appear in probate court not sooner than 72 hours after the birth of the child. If this causes delay in prompt release of the child to the adopting parents, the Court will require that the child be placed in a licensed foster home. The attorney representing the placing mother must represent that this has been accomplished, must furnish the foster parent's name and address, and must advise by what agency the foster parent is licensed. The per diem foster care charges must be made known to the court. In lieu of this procedure the child may be placed with a relative of the placing mother. The adopting parents must place sufficient funds in their attorney's trust account to cover all anticipated foster care expense, birth expenses, and investigation fees, as those expenses become known, or present receipts that these costs have been paid. Affidavit of all amounts paid by the adopting parents and received in behalf of the placing mother, and any other amounts paid their attorneys, must be filed by each in the placement procedure.
If the mother incurs abnormal expenses directly connected with the birth of the child, or if abnormal child care expenses become known a satisfactory plan to meet these expenses must be presented or the petition will be dismissed.
The placing mother at the time of her application must sign a release of medical information concerning the child's birth and pre-natal history. |
Local Rule 75.6 | EXHIBITS, DEPOSITIONS AND TRANSCRIPTS
At the conclusion of a case, including times for direct appeal, the court may destroy exhibits, depositions or transcripts if party that tendered the exhibits, depositions or transcripts has been notified and sixty (60) days have elapsed. |