NOTICE. Posted (11-23-04)
Under the provisions of House Bill 85, estates of decedents who
die on or after January 1, 2002 must have a final and distributive
account filed within six months from the date the fiduciary is appointed
by the court. ORC 2109.301. There are options to pursue if more
time is needed to complete the administration process:
INITIAL EXTENSIONS
1. Standard Probate Form 13.10 “Notice of Extension to Administer
Estate” can be filed to automatically extend the administration
process to 13 months from the date the fiduciary is appointed, if
one of the statutory reasons is present in the estate. No approval
of the Court is needed. Both the attorney and fiduciary must sign
this form.
2. Standard Probate Form 13.8 “Application to Extend Administration”
can be filed requesting an extension for a specified reason not
contained in the above Form 13.10. The application must be signed
by both the attorney and fiduciary. It is in the Judge’s discretion
whether to allow the extension as well as the length of time the
extension is granted.
SUBSEQUENT EXTENSIONS
If the estate is still not completed at the end of the initial
extension period, the following procedure must be followed:
1. “Application to Extend Time” must be filed. The
attorney and fiduciary must sign the application. It is in the Judge’s
discretion whether to allow the additional extension request as
well as the length of time the additional extension is granted.
2. NOTE: If an initial extension period lapses and an account has
not been filed or no application for additional time is filed, a
CITATION may be issued to file the account.
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