The Clermont County Probate Court is seeking public comment on proposed amendments to the Rules of Practice & Procedure of the Clermont County Probate Court as well as new proposed Rules of Practice & Procedure of the Clermont County Probate Court. The Court is also seeking comment on proposed local standard probate forms. The revisions and new rules are in red text. Current Local Rules can be found here : https://probatejuvenile.clermontcountyohio.gov/probate-court/local-rules/
The court proposes to adopt the amendments, the new local rules and new standard probate practice forms on October 1, 2018. Please email any comments about these matters to Christopher Brown at firstname.lastname@example.org prior to September 21, 2018.
Proposed amendments to the Rules of Practice & Procedure of the Clermont County Probate Court are as follows:
- Local Rule 61.1 Appraiser and Appraisal – The proposed amendment would authorize the court to accept the purchase contract price in an arms-length transaction to determine the value of real estate. The proposed amendment would also allow the court to waive the appraisal requirement in certain circumstances.
- Local Rule 61.2 Inventory and Appraisal – The proposed amendment would require counsel to examine the records of a county auditor and recorder where the property is located rather than limiting the examination to Clermont County.
- Local Rule 62.1 Claims; Insolvency; Medicaid; Support Arrearage; Release from Administration; Adoptions; and Name Change Proceedings – The proposed amendment would allow an individual having legal custody of a minor to apply for appointment as a guardian ad litem for the purposes of applying for a name change of the minor.
- Local Rule 71.1 Attorney Fees in Decedent’s Estates – The proposed amendment would waive requirement for the submission of an application for attorney fees with consent from the beneficiaries in a decedent’s estate when counsel’s fee is $2,000 or less for the full administration of the estate. The proposed amendment would also authorize the approval of attorney fees up to $2,000 with the consent of the applicant for services rendered in an estate relieved from administration that are within the guidelines for a full estate administration; an attorney fee of $1500 or less which is listed as a debt will be deemed approved on the filing of form 5.6. Fee requests that exceed $2,000, but are within the guidelines set forth for a full administration shall be made by written application. Payment of fees in excess of $2,000 may be approved or set for hearing at the court’s discretion with or without all parties consenting to the fee amount.
Proposed new local rules of Practice & Procedure of the Clermont County Probate Court are as follows:
- Local Rule 56 Continuances – The new rule sets forth the requirements for requesting a continuance of a case.
- Local Rule 57.5 Facsimile Filing – The new rule sets forth documents that may be eligible for submission by facsimile filing as well as the requirements of the facsimile filing.
- Local Rule 57.6 Current Address – The new rule will require an attorney or fiduciary to provide a current legal street address and to notify the court in writing of a change in the legal address within 30 days of the change.
- Local Rule 57.7 Electronic Return Receipt – The new rule authorizes the electronic proof of service for certified mail or express mail provided through the United States Postal Service electronic return receipt program to be deemed adequate evidence of service.
- Local Rule 57.8 Omission of Personal Identifiers – The new rule requires that all documents submitted to the court for filing to omit personal identifiers.
- Local Rule 60.2 Special Administration – The new rule sets forth the requirements when a creditor applies to be appointed as a special administrator.
- Local Rule 60.3 Real Estate Transfer Only – The new rule authorizes the submission of an application requesting a certificate of transfer of real estate without a full estate administration or release from administration under certain circumstances.
- Local Rule 66.13 Ward’s Allowance Account – The new rule authorizes a guardian of the estate to apply for a ward’s allowance account to allow payment of routine and recurring expenses and establishes the process for same.
- Local Rule 67.2 Successor Custodians – The new rule authorizes certain individuals to apply as a successor custodian under the Uniform Transfer to Minors Act.
- Local Rule 78.2 Election by an Incompetent Surviving Spouse – The new rule sets forth the procedure for the election by a surviving spouse who is under guardianship or subject to a legal disability.
- Local Rule 78.3 Spousal Citation and Summary of Rights – The new rule authorizes waiver of service to a surviving spouse of the citation to elect under certain circumstances.
The proposed new local standard probate practice forms are as follows:
- Form 6.2A – Waiver of Appraisal and Consent to Inventory Value
- Form 8.7 – Application for Appointment of Commissioner where Spouse is Under Disability
- Form 8.7E – Entry Appointing Commissioner for Spouse Under Disability
- Form 12.3 – Sole Asset: Certificate of Transfer
- Form 15.9 – Application for Authority to Establish Ward Allowance Account and Authority to Expend Funds from Said Account
- Form 21.22 – Application to Appoint Guardian Ad Litem for the Purpose of Change of Name of Minor
- Form 21.22E – Judgment Entry Appointing Guardian Ad Litem for the Purpose of Change of Name of a Minor
- Form 115.20 – Consent to Power to Sell Real Estate
- Form 115.21 – Judgment Entry Ordering Additional Bond
- Form 200.40 – Motion to Release Information and Judgment Entry Releasing Information
- Form MX150 – Application for Designation of Successor Custodian Under Ohio Transfers to Minors Act