These local rules are adopted pursuant to the authority of Rule
5 of the Rules of Superintendence for the Court of Ohio as amended
from time to time. These local rules are supplemental to the Rules
of Superintendence for the Courts of Ohio and must be read in
conjunction therewith.
5.2 Effective date
The effective date of these rules is August 1, 2008.
8.1 - Court Appointments.
The Probate Court may request practicing attorneys with law offices
in Shelby County to be available for court appointments. Every
attorney who practices in Probate Court shall be deemed competent
to provide legal services for those who are unable to retain counsel.
The Probate Court shall maintain a list of attorneys according
to date of admission to practice and shall appoint the most senior
first then each succeeding attorney until the list is fully used.
This is to ensure the equitable distribution of appointments among
persons on the list. The list shall be maintained by the Chief
Deputy Clerk. The list shall be reviewed annually for additions
or deletions.
The following cases or proceedings are examples where the Court
may appoint counsel:
1. Short Form Administrations.
2. Counsel for guardian of an Indigent.
3. Counsel for a ward wishing to terminate guardianship.
4. Counsel for Involuntary psychiatric commitment proceeding.
5. Guardian ad litems for minors seeking a settlement of a claim
for personal injuries.
6. Representation of a parent who does not consent to an adoption.
7. Guardian ad litem for minors in land sale proceedings or similar
cases.
8. Any other probate matter requiring the Court to appoint counsel
for a party.
Compensation for Court appointed counsel shall be paid at the
rate of $75.00 per hour with a maximum of $300.00 (four hours)
per case. The attorney shall document the time spent in the case.
Attorneys serving as guardians for indigent shall be compensated
at the rate of $50.00 per hour to the maximum of $200.00 per year.
If the attorney is both guardian and counsel for the guardian,
the attorney shall document the time spent in each capacity.
Lay persons appointed as guardians for indigents shall be compensated
at the rate of $25.00 per hour to the maximum of $200.00 per year.
Court appointed counsel shall be paid a reasonable fee with consideration
given to the factors contained in DR 2-106 of the Code of Professional
Responsibility, the Ohio Revised Code and these Local Rules. The
Court will consider an application for fees in excess of the maximum
limit allowed by this Rule when the type, complexity and requirements
of the case are such that the maximum is an unreasonable fee.
In any case where the indigent client receives a pecuniary benefit,
the Court shall consider compensation for counsel as if retained
and may order the client to pay all or part of the fee. Compensation
will also be paid from any cash assets in the estate.
9.1 Security Plan.
Pursuant to a Supreme Court of Ohio resolution dated July 26,
1995, the Shelby County Probate Court has determined the entire
Security Plan as submitted to the Supreme Court of Ohio, effective
November 1, 1999, be maintained as confidential and not a matter
of public record.
11.1 - Recording of Proceedings.
The Court will make an audio and video recording of the proceedings
as the record of the Court. Parties who desire to have a stenographic
record of the proceedings must make their own arrangements for
a court reporter at least twenty-four (24) hours prior to the
scheduled hearing. The Costs of the stenographic record shall
be paid by the requesting party unless otherwise ordered by the
Court. The original audio electronic recording of the proceedings
will not be made available to the parties. Arrangements must be
made with the Court to have proceedings copied at a cost of Ten
and No/100 Dollars ($10.00) per disc, or transcribed by a stenographer
approved by the Court. Discs of all electronically recorded proceedings
will be maintained by the Court for two (2) years from the date
of the hearing. Any interested person desiring to preserve the
record beyond that period must make arrangements to have the record
transcribed.
51.1 - Form availability.
Approved forms for use in the Shelby County Probate Court are
available at the Probate Clerk’s Office.
52.1 - Computerized Forms.
Computer generated forms must comply with the specifications
and format outlined by the Rules of Superintendence. The signature
of the applicant or attorney constitutes a certificate that the
computer generated forms comply with the rules.
All computer forms presented for filing must be generated with
the exact wording as well as blank lines as they appear in the
uniform forms.
53.1 - Hours of Court.
The Probate Court shall be open for the transaction of business
from 8:30 a.m. to 4:00 p.m. daily Tuesday through Friday and from
8:30 a.m. to 5:00 p.m. on Monday, except legal holidays.
54.1 - Conduct in Court.
A. Proper decorum in the Court is necessary for the administration
of justice.
B. In any preliminary Probate matter presented to the Court,
the Court may restrict the attendance at said hearing to next
of kin, interested parties and their counsel.
C. No radio or television transmission or voice recording other
than equipment supplied by the Court for purposes of maintaining
a record of proceedings shall be permitted without the express
consent of the Court in advance and pursuant to C.P. Sup. R. 11.
55.1 - Removal of Files.
The Clerk shall not permit any of the files to be taken from
the Clerk’s office except in compliance with this rule.
A. No person shall be permitted to take a file from the Clerk’s
office containing an original will or codicil. SAID WILL OR CODICIL
SHALL BE REMOVED BY THE CLERK BEFORE THE FILE IS REMOVED. All
files removed from the Clerk’s office may be taken for a
period of two (2) business days. The Clerk shall release the file
only on proper receipt. No attorney or law firm may withdraw more
than two (2) files at a time.
B. Attorneys having offices in Shelby County may remove files
without the permission of the Court subject to a revocation of
that privilege if there are two or more violations of time periods.
C. All other persons, including attorneys not having offices in
Shelby County, shall first obtain the written approval of the
Court.
55.2 - Charges for copies.
Copies of any public records maintained in the Clerk’s
Office of the Probate Court of Shelby County, Ohio may be obtained
by any party at a cost of $.25 per page.
57.1 - Facsimile filings.
The provisions of this local rule are adopted under Civ.R.5(E)
and Civ.R.73(J).
Pleadings and other papers may be filed with the Probate Court
Clerk’s Office by facsimile transmission to (937) 498-7260
subject to the following conditions:
APPLICABILITY
A. These rules apply to probate proceedings in the Shelby County
Probate Court.
B. These rules do not apply to adoption and mental illness/mental
retardation proceedings. In these proceedings no facsimile transmission
of documents will be accepted.
C. The following documents will not be accepted for fax filing:
original wills and codicils, documents required to be certified
prior to filing.
ORIGINAL FILING
A. A document filed by fax shall be accepted as the effective
original filing. The person making a fax filing need not file
any source document with the Probate Court Clerk’s Office
but must, however, maintain in his or her records and have available
for production on request by the court the source document filed
by fax, with original signatures as otherwise required under the
applicable rules, together with the source copy of the facsimile
cover sheet used for the subject filing.
B. The source document filed by fax shall be maintained by the
person making the filing until the case is closed and all opportunities
for post judgment relief are exhausted.
DEFINITIONS
As used in these rules, unless the context requires otherwise:
A. A Afacsimile transmission@ means the transmission of a course
document by a facsimile machine that encodes a document into optical
or electrical signals, transmits and reconstructs the signals
to print a duplicate of the source document at the receiving end.
B. A Afacsimile machine@ means a machine that can send and receive
a facsimile transmission.
C. AFax@ is an abbreviation for Afacsimile@ and refers, as indicated
by the context, to facsimile transmission or to a document so
transmitted.
COVER PAGE
A. The person filing a document by fax shall also provide therewith
a cover page containing the following information [sample cover
page form attached]:
(I) the name of the court;
(II) the title of the case;
(III) the case number;
(IV) the title of the document being filed;
(V) the date of transmission;
(VI) the transmitting fax number;
(VII) an indication of the number of pages included in the transmission,
including the cover page;
(VIII) if a case number has not been assigned, state that fact
on the cover page;
(IX) the name, address, telephone number, fax number, Supreme
Court registration number, if applicable, and e-mail address of
the person filing the fax document if available; and
(X) if applicable, a statement explaining how costs are being
submitted.
B. If a document is sent by fax to the Probate Court Clerk’s
Office without the cover page information listed above, the Clerk
may, at its discretion:
enter the document in the Case Docket and file the document;
or
send a faxed notice to the sending party of a failed fax filing.
SIGNATURE
A. A party who wishes to file a signed source document by fax
shall either:
fax a copy of the signed source document; or
fax a copy of the document without the signature but with the
notation A/s/@ followed by the name of the signing person where
the signature appears in the signed source document.
B. A party who files a signed document by fax represents that
the physically signed source document is in his/her possession
or control.
EXHIBITS
A. Each exhibit to a facsimile produced document that cannot
be accurately transmitted via facsimile transmission for any reason
must be replaced by an insert page describing the exhibit and
why it is missing. Unless the court otherwise orders, the missing
exhibit shall be filed with the court, as a separate document,
not later than five (5) court days following the filing of the
facsimile document. Failure to file the missing exhibits as required
by this paragraph may result in the court striking the document
and/or exhibit.
B. Any exhibit filed in this manner shall be attached to a cover
sheet containing the caption of the case which sets forth the
name of the court, title of the case, the case number, name of
the judge and the title of the exhibit being filed, and shall
be signed and served in conformance with the rules governing the
signing and service of pleadings in this court [sample exhibit
filing notice attached].
TIME OF FILING
A. Subject to the provisions of these rules, all documents sent
by fax and received by the Clerk shall be considered filed with
the Clerk’s Office as of the date and time the Clerk time-stamps
the document received, as opposed to the date and time of the
fax transmission. However, the fax machine will be available to
receive facsimile transmission of documents on the basis of 24
hours per day, seven days per week including holidays.
B. The Clerk’s Office may, but need not, acknowledge receipt
of a facsimile transmission.
C. The risks of transmitting a document by fax to the Clerk’s
Office shall be borne entirely by the sending party. Anyone using
facsimile filing is urged to verify receipt of such filing by
the Clerk’s Office through whatever technological means
are available.
FEES AND COSTS
A. No document filed by facsimile that requires a filing fee shall
be accepted by the Clerk for filing until court costs and fees
have been paid. Court costs and fees may be paid by cash, check
or money order. Documents tendered to the Clerk without payment
of court cost and fees, or with incomplete information on the
charge authorization or request, or which do not conform to applicable
rules will not be filed.
B. No additional fee shall be assessed for facsimile filings.
LENGTH OF DOCUMENT
Facsimile filing shall not exceed twenty (20) pages in length.
The filer shall not transmit service copies by facsimile.
EFFECTIVE DATE
These local rules shall be effective August 1, 2006, and shall
govern all proceedings in actions brought after they take effect
and also further proceedings in pending actions, except to the
extend that, in the opinion of the court, their application in
a particular action pending on the effective date would not be
feasible or would work an injustice, in which event, the former
procedure applies.
57.2 - Forwarding copies.
The Court will not return file-stamped copies by mail unless
submitted with a return, self-addressed stamped envelope.
57.3 - Disposition of exhibits.
All exhibits offered for admission during a hearing or trial
shall be labeled by party name and item identification. In a proceeding
recorded by a Court stenographer, custody of exhibits admitted
or proffered shall be given to the stenographer, unless otherwise
ordered by the Court. If the proceeding is electronically recorded,
exhibits shall be filed in the Court case file, unless otherwise
ordered by the Court.
Upon agreement of the parties or by order of the Court, copies
may be substituted for the original exhibit.
Disposal of exhibits shall be pursuant to Sup. R. 26.
58.1 - Security Deposits for Court Costs.
Advance deposits for court costs shall be required in accordance
with the schedule attached as AAppendix A.@
60.1 - Appointment of non-resident fiduciaries.
An applicant to be appointed fiduciary of a decedent’s estate,
or trust, who is not a resident of this state, must be in compliance
with Ohio R.C. 2109.21 and use as the attorney of record an attorney
licensed to practice law in this State. To assure the assets remain
in Shelby County, Ohio, during the administration of the estate
or trust, the applicant must meet one or more of the following
criteria as required by the Court.
A. Place a substantial amount of the decedent’s personal
assets in a custodial depository in this County, pursuant to Ohio
R.C. 2109.13;
B. Have a co-fiduciary who is a resident of this State.
C. Post a bond in compliance with Ohio R.C. 2109.04.
61.1 - Appraisers & Appraisals.
A. When required by law, there shall be one suitable and disinterested
appraiser appointed by the executor or administrator of an estate,
with court approval. The following persons shall be disqualified
from being such an appraiser:
(1) A person related by blood or marriage to the decedent;
(2) A beneficiary of the estate;
(3) A person related by blood, marriage or employment to the attorney
for the estate; and
(4) A person related by blood, marriage or employment to the fiduciary
for the estate.
B. Real estate appraisals shall be made by licensed real estate
agents, brokers, auctioneers, credentialed real estate appraisers,
real estate loan officer of local financial institutions, or such
other persons who by experience and training are qualified to
make real estate appraisals. A licensed real estate agent or broker
who is the listing broker for the sale of the real estate is not
disqualified as an appraiser.
C. No appraiser shall be permitted to directly or indirectly
purchase or acquire any of the property he or she appraises, except
at public auctions.
D. Readily ascertainable value of real property: Notwithstanding
sections (A) through (C) of this rule, the market value of real
estate as found in the Shelby County Auditor’s property
records shall be accepted as the readily ascertainable value of
the property and no further appraisal of such property shall be
required except as provided under Paragraph H of this rule. A
copy of said evaluation shall be attached to Form 6.1 - Schedule
of Assets - or Form 5.1 - Assets and Liabilities of Estate to
be Relieved from Administration, whichever is applicable.
E. Readily ascertainable value of motor vehicle: Notwithstanding
sections (A) through (C) of this rule, the market value of any
motor vehicle as found in the current N.A.D.A. Official Used Car
Guide under the category AAv’g Retail@ may be adopted as
the readily ascertainable value of the property and no further
appraisal of such property shall be required except as provided
under Paragraph H of this rule. A copy of the appropriate page
from said booklet shall be attached to Form 6.1 - Schedule of
Assets - or Form 5.1 - Assets and Liabilities of Estate to be
Relieved from Administration, whichever is applicable.
F. Description and Valuation of Stock:
(1) If the stock is publicly traded and its valuation obtained
from any recognized stock exchange or over-the-counter quotation
be listed.
(2) If the stock represents an investment in a closed corporation,
its value must be made by a duly appointed and qualified appraiser.
G. Items of household goods are not required to be individually
listed and individually valued.
H. An administrator, executor, fiduciary, beneficiary, or creditor
of a decedent’s estate may file a written request with the
Probate Court not later than the date set for hearing on the Inventory
and Appraisal pursuant to R.C. 2115.16 that any property deemed
to be appraised by readily ascertainable value shall be appraised
by a suitable and disinterested appraiser as provided in sections
(A) through (C) of this rule.
I. Unless there is a dispute, or an appraisal is required for
other purposes, a Court-appointed appraiser shall not be necessary
in estates relieved from administration.
64.1 - Accounts.
A. All accounts must be personally signed by the fiduciary and
contain the full name, current address and telephone number of
the fiduciary, if different from the name, address and telephone
number listed on the application to administer.
B. All fiduciaries must sign the account when multiple fiduciaries
have been appointed.
C. For decedents’ estates with a date of death 1/1/02 and
after, a final account or certificate of termination is due six
months from the date of the appointment of fiduciary. If a final
account or certificate of termination cannot be filed in six months,
either an application to extend administration or a notice to
extend administration must be filed. A status report must be filed
with any partial account subsequently filed. All subsequent accounts
must be filed on an annual basis unless the Court orders otherwise.
Accounts not filed in compliance with this rule shall be subject
to citation.
D. For guardianships and trusts, the first account shall be filed
no later than one (1) year following the date of the appointment
and all subsequent accounts shall be filed on an annual basis,
unless otherwise ordered by the Court.
E. Copies of the account shall be served as follows.
(1) Intestate Estate. No account shall be approved unless there
is a certificate filed by the fiduciary that a copy of the account
as filed has been personally served or mailed by ordinary U.S.
Mail to the surviving spouse and all next of kin in an intestate
estate.
(2) Testate Estate. No accounts shall be approved unless there
is a certificate filed by the fiduciary that a copy of the account
as filed has been personally served or mailed by ordinary U.S.
Mail to the surviving spouse and all the beneficiaries at the
addresses listed in the file except corporate or charitable beneficiaries.
(3) Guardianships. No account shall be approved unless there
is a certificate filed by the guardian that a copy of the guardian’s
account as filed has been personally served or mailed by ordinary
U.S. Mail to all next of kin of the ward who reside in Ohio.
(4) Trusts. No account shall be approved unless there is a certificate
filed by the fiduciary that a copy of the account as filed has
been personally served or mailed by ordinary U.S. Mail to all
the beneficiaries of the trust.
64.2 - Delinquency in filing an account.
No expenditure, sale, distribution, or fee will be approved while
the fiduciary is delinquent in filing an account. See also Sup.R.78.
64.3 - Vouchers.
Where the fiduciary is represented by counsel, vouchers in support
of an account are not required unless the court determines otherwise.
In all other cases, the court requires vouchers or a statement
from a financial institution specifying the check amount, payment,
date and payee to be displayed when filing accounts.
In lieu of submitting vouchers or statements from financial institutions
in a solvent decedent’s estate, the fiduciary may file with
the account statements from all of the beneficiaries acknowledging
that each received a copy of the account, that he or she consents
to the filing of the account and the date of the consent.
64.4 - Bond.
An account will not be accepted for filing unless the bond, when
required, is sufficient to cover twice the sum of the value of
the personal property assets on hand plus one (1) year’s
projected income.
64.5 - Evidence of assets.
The Court requires that all assets be documented at the time
of filing a partial account and available to be exhibited to deputy
clerk.
66.1 - Guardianships.
A separate guardianship must be filed and case file set up for
each proposed ward.
66.2 - Guardianships of minors.
A. A certified copy of the minor’s birth certificate must
be filed with the guardian’s application.
B. The Court will not establish a guardianship for school purposes
only. Custody for school purposes is a matter to be heard and
determined by the Juvenile or Domestic Relations Divisions of
the Common Pleas Court.
C. The Court will not establish any guardianship over the person
of a minor where another Court has jurisdiction over custody of
the minor.
D. Minors who are not U.S. citizens or resident aliens, are not
considered by this Court to be residents or have legal settlement
as set forth in Ohio R.C. 2111.02(A).
66.3 - Deposit of Wills
The guardian must deposit with the Court any and all wills of
the ward for safekeeping pursuant to Ohio R.C. 2107.07.
66.4 - Change of Address.
A guardian appointed by this Court shall inform the Court as
to any change of address of the guardian or the ward. This notification
must be made within thirty (30) days of the address change. Failure
to notify the Court under this rule may result in the guardian
being removed.
66.5 - Guardian’s Report.
The guardian of the person shall file the guardian’s report.
If there is only a guardian of the estate, the guardian’s
report must be filed by this guardian.
Where a physician or clinical psychologist states on a Statement
of Expert Evaluation that to a reasonable degree of medical certainty
it is unlikely the ward’s mental competence will improve,
the Court may dispense with the filing of subsequent Statements
of Expert Evaluation when filing their subsequent biennial guardian’s
reports.
66.6 - Termination
Applications to terminate a guardianship of a minor require notice
to all persons designated in Ohio R.C. 2111.04 and any other individuals
who received actual notice of the original appointment of the
guardian.
68.1 - Settlement of Injury Claims of Minors.
A certified copy of the minor’s birth certificate must
be presented to the Court upon the filing of the application to
settle a minor’s claim.
68.2 - Settlement Conference.
It is suggested that the attorney, prior to bringing the clients
to Court to settle a minor’s claim, personally appear or
telephonically discuss the settlement with the Court.
71.1 - Counsel Fees - Decedents’ Estates.
A. Counsel fees for the administration of a decedent’s
estate shall be reasonable and beneficial to the estate. The application
for fees shall be in writing which sets forth the details supporting
the calculations on which the requested fees are based.
B. Where the residual beneficiaries have consented in writing
to the amount of counsel fees and when all claims against the
estate have been paid, an application need not be made for the
allowance, provided the consent is endorsed on the fiduciary account
or evidenced by a separate instrument filed with the account.
C. Where the attorney, on application to the Court prior to or
during administration, requests a fixed fee, the Court, if it
deems appropriate and after appropriate notice to the interested
parties, will then fix a reasonable fee for service beneficial
to the administration of the estate.
D. Counsel fees for the administration of a decedent’s estate
as set forth below may serve as a guide in determining fees to
be charged to the estate by legal services of an ordinary nature
rendered as attorney for the fiduciary in the complete administration
of a decedent’s estate.
E. The following schedules, however, are not to be considered
or represented to clients as schedules of minimum or maximum fees
to be charged.
1. On the personal property which is subject to administration
for which the fiduciary is charged and upon the proceeds of real
estate that is sold under a power of will as follows:
a. For the first $50,000.00 at a rate of 4%;
b. All above $50,000.00 and not exceeding $200,000.00 at a rate
of 3%;
c. All above $200,000.00 at the rate of 2%.
2. On real property that is not sold at a rate of 2%.
3. On real estate sold by judicial proceedings according to the
judgment entry confirming the proceedings.
4. On all other property not included in this rule in which decedent
had an interest at death, 1% of the total value of such property.
F. Where the attorney, law partner or firm associated is appointed
as the fiduciary, the total administration fee may not exceed
the statutory fiduciary commission plus one-half of the guideline
counsel fee.
G. If by reason of the application of the above percentages to
values of assets a disparity or injustice results, such disparity
or injustice may be reviewed on the Court’s own motion in
respect of any account reflecting such compensation or upon exceptions
to such an account.
71.2 - Counsel Fees - Guardianship.
A. Where the guardian, if the guardian is not the attorney, law
partner or firm associate, consents in writing to the amount of
counsel fees, and the counsel fees do not exceed the guidelines
set forth in Paragraph B, no application need be made for the
allowance thereof, provided such consent is endorsed on the account
or evidenced by separate instrument filed therewith.
B. Counsel fees for the establishment of the guardianship, filing
of inventory and filing the first account shall be those reasonable
and beneficial to the guardianship. The allowance of fees shall
be in writing which sets forth the details supporting the calculations
on which the requested fees are based. Set forth below is a guide
in determining fees charged for ordinary legal services in establishing
guardianships through the first account. Such schedules, however,
are not to be considered as schedules of minimum or maximum fees
to be charged:
1. Income and Disbursements:
4% of the first $5,000.00 of income and disbursements.
3% of the next $25,000.00 of income and disbursements.
2% of income and disbursements in excess of $30,000.00.
2. Principal:
$2.50 per thousand on the first $250,000.00 of market value.
$1.50 per thousand on excess of $250,000.00 of market value.
C. For purposes of determining compensation based on income,
the following shall not be considered income:
1. Receipt of corpus by guardian.
2. Balance carried forward from prior accountings.
3. Investment and reinvestment of corpus.
D. If by reason of the application of the above percentages to
income and disbursements a disparity or injustice results, such
disparity may be reviewed on the Court’s own motion in respect
of any account reflecting such compensation.
E. After the filing of the first account, all applications for
attorney fees shall be those reasonable and beneficial to the
guardianship and shall be in writing setting forth the calculations
of such fees.
F. When the attorney, law partner or firm associated is appointed
as the guardian, the attorney shall keep accurate time records
that separate the duties of the guardian from that of the attorney.
Compensation shall be approved for the reasonable value of services
performed as attorney and as guardian. If the attorney fails to
maintain accurate time records, the attorney will only be allowed
the compensation determined under Rule 73.1 (Guardian’s
compensation).
71.3 - Counsel Fees - Trusts
An application must be filed for approval of attorney’s
fees in a trust. Said fees shall be reasonable and beneficial
to the trust.
73.1 - Guardian’s Compensation.
A. A guardian shall be allowed compensation for income and disbursements
as follows:
1. Income and Disbursements:
4% of the first $5,000.00 of income and disbursements
3% of the next $25,000.00 of income and disbursements
2% of the excess of $30,000.00 of income and disbursements
2. Principal:
$2.50 per thousand on the first $250,000.00 of market value
$1.50 per thousand on excess of $250.00 of market value
B. For purposes of determining compensation based on income the
following shall not be considered income:
(1) Receipt of corpus by guardian
(2) Balance carried forward from prior accountings
(3) Investment and reinvestment of corpus
74.1 - Trustee’s Compensation.
A. Corporate trustees
(1) Except where the instrument creating the trust makes provisions
for compensation, a testamentary trustee may charge fees on the
same basis as it charges for living trusts.
(2) Fee schedules shall be furnished to the Court on the 1st
day of January of each year and whenever a change in fees is made
within any calendar year.
(3) A separate schedule of the computation of the trustee’s
compensation shall be set forth in the trustee’s account
as a condition of its approval.
(4) Corporate trustees who fail to furnish to the Court its current
fee schedules shall be limited to fees set forth in its last furnished
schedule, or if no schedule has been filed, then to the amounts
for individual trustees.
(5) Corporate trustees may at their option elect to use the Individual
Trustee’s compensation schedule.
B. Individual trustees
Except where the instrument creating the trust makes provisions
for compensation, the testamentary trustee may charge as follows:
(1) Principal Fee. A fee of $2.00 per $1,000.00 of the market
value of the principal held by the trustee.
(2) Income Fee. A fee of six percent (6%) of the total of the
income for the accounting period.
(3) Principal Distribution Fee. A fee of one percent (1%) of the
principal distributed during the accounting period.
75.1 - Adoptions.
A. An original and a copy of all petitions, interlocutory decrees
and final decrees shall be filed in every adoption case. Additional
copies of the petition shall be submitted as required for service.
B. In private placement adoptions, a pre-placement application
in a form prescribed by the Court shall be filed by the proposed
adopting parents not less than five (5) days prior to placement
if applicants are residents of Shelby County, Ohio, and not less
than thirty (30) days prior to placement if applicants are not
residents of Shelby County, Ohio.
C. Once the applications have been approved by the Court, a hearing
shall be held not less than seventy-two (72) hours after the birth
of the child or after the parent(s) have met with the adoption
assessor, whichever occurs later, for the placement and consent
by the parents. Prior to the placement hearing, the Court shall
be supplied with a statement from the child’s physician
as to the medical condition of the child to be placed. If the
placement is approved, the adoption petition must be filed before
the Court will issue a Hospital Release for the release of the
child to the petitioners or the attorney of the petitioners. When
the petitioner is the guardian of the minor to be adopted, the
Court shall require a placement hearing. The adoption petition
shall not be set for hearing until after the placement is complete.
D. In all adoptions, married petitioner(s) must be married for
not less than one (1) year prior to the final approval of the
adoption.
75.2 - Custodial deposits in lieu of bond.
All custodial deposits of personal property, securities and monies
must comply with Ohio R.C. 2109.13. All institutions desiring
to be a depository must satisfy the Court of their authorization
and certification by the State of Ohio.
75.3 - Release of estates from administration.
A. The Court shall select and appoint Commissioners, when required,
in estates released from administration.
B. A short form release from administration may be filed when
evidence is presented to establish:
1. Gross assets are less then three thousand and no/100 dollars
($3,000.00); or gross assets are less than ten thousand and no/100
dollars ($10,000.00) and there is a surviving spouse and/or minor
children of the decedent, and;
2. The funeral expenses to the extent of the estate priority
pursuant to Ohio R.C. 2117.25(B) have been paid.
C. The Court may waive a noticed hearing in those instances where
it appears no beneficiaries or creditors will be prejudiced.
75.4 - Pro Hac Vice.
A. An attorney not licensed to practice law in the State of Ohio,
but who is duly licensed to practice law in any other state or
the District of Columbia, may, at the discretion of the Probate
Judge, be permitted to represent a party or parties in any litigation
pending or to be filed in this county after completion of all
of the following conditions:
1. File a written oath substantially in compliance with Rule
1, Section 8A of the Supreme Court Rules for the Government of
the Bar;
2. The attorney must become familiar with Local Court Rules,
Civil Rules, Rules of Evidence, and the Code of Professional Responsibility,
and so certify to this Court in writing.
3. Be sponsored in writing by an attorney licensed to practice
law in the State of Ohio. The motion made by the licensed attorney
shall certify such out-of-state attorney’s compliance with
this rule and the Supreme Court Rules for the Government of the
Bar;
4. The sponsoring attorney shall submit with the motion and certification
an entry authorizing the approval of the motion;
5. The sponsoring attorney, or any other attorney licensed to
practice law in the State of Ohio, shall be co-counsel with the
attorney admitted, pro hac vice.
B. The continuance of any scheduled trial or hearing date shall
not be permitted solely because of the unavailability or inconvenience
of the out-of-state attorney.
75.5 - Additional fees.
A. The fee for computerized legal research as authorized by Ohio
R.C. 2101.162(A) shall be Three and No/100 Dollars ($3.00) per
case, excluding marriage license applications.
B. The fee for computerization as authorized by Ohio R.C. 2101.162(B)
shall be Ten and No/100 Dollars ($10.00) per case and Ten and
No/100 Dollars ($10.00) per marriage license application.
76.1 - Exceptions.
Upon application and for good cause shown, the Probate Court
may grant an exception to these rules.
78.1 - Case Management and Pre-trial Procedure.
For the purpose of ensuring the readiness of civil cases in the
Probate Division for pre-trial, final pre-trial and trial, the
following procedures shall be in effect.
A. Civil Actions.
1. A pre-trial conference shall be conducted in all civil cases
prior to being scheduled for trial, except in land sale proceedings.
2. Within thirty (30) days after the answer day the case shall
be set by the Court for a pre-trial conference.
3. Notice of the pre-trial conference shall be given to all counsel
of record by mail and/or telephone by the Court not less than
fourteen (14) days prior to the conference. Any application for
continuance of the conference shall be in writing and filed with
the Court in a timely manner.
4. The following decisions shall be made at the pre-trial conference
and all counsel attending must have full authority to enter into
a binding pre-trial order.
(a) A definite discovery schedule shall be agreed upon by all
parties for the completion of all discovery.
(b) A definite date for exchange for expert witness reports shall
be determined.
(c) A definite date for filing of all motions, which date shall
not be later than seven (7) days before the final pre-trial.
(d) The date for the final pre-trial shall be set by the Court
and shall be held approximately one week prior to the trial.
5. The following decisions shall be made at the final pre-trial
and all counsel attending must have full authority to enter into
a binding final pre-trial order.
(a) The Court will rule on all pre-trial motions.
(b) Briefs on any legal issues shall be submitted.
(c) Proposed jury instructions shall be submitted.
(d) Proposed jury interrogatories shall be submitted.
(e) Clients shall be present.
(f) No motions shall be heard after the final pre-trial without
leave of Court and without good cause being shown.
6. The trial date shall not be changed nor shall the trial be
continued without order of the Court and after the showing of
good cause.
B. Land Sales.
1. All land sales which have not been concluded within one (1)
year from the date of filing shall be set for pre-trial conference
within ten (10) days following the expiration of one year.
2. The following decisions shall be made at the pre-trial conference
and all counsel attending must have full authority and enter into
a binding pre-trial order:
(a) The attorney of record and fiduciary must attend the pre-trial
conference.
(b) A written status report shall be filed with the Court no later
than seven (7) days prior to the pre-trial conference.
(c) The status report shall address the issues as to the efforts
being made to sell the real estate and when the case will be closed.
C. Decedent’s Estate.
1. The statutory time or the time as extended by these rules
or court order for filing of an account (R.C.2109.30) shall be
adhered to and the citation procedure (R.C. 2109.31) shall be
utilized if necessary to gain compliance.
2. Objections to inventory and objections to account. The Court
shall set a pre-trial conference within thirty (30) days after
filing and the Court, at the pre-trial conference, shall set the
matter for an evidentiary hearing within thirty (30) days thereafter.
3. All decedents’ estates, which are current as to filed
accounts, which remain open after a period of one year and nine
months shall be subject to a status conference. The fiduciary
and the attorney shall be present and a written status report
shall be submitted to the Court at the time of the status conference.
D. Wrongful Death Settlements.
All hearings shall be held within thirty (30) days of the filing
of the Form 14.0. provided however, if either a guardian or a
guardian ad litem is necessary to be appointed, the hearing shall
be held within thirty (30) days of the filing or fifteen (15)
days after the appointment, whichever is later.
E. Guardianships.
Adequate statutory provisions exist to control timeliness of
filings, however, each case shall be reviewed not less than bi-annually.
F. Trusts.
Adequate statutory provisions exist to control timeliness of
filings, however, each case shall be reviewed annually.
G. Motions.
1. Oral arguments of motions may be permitted on application
and proper showing.
2. The moving party shall serve and file with the motion a brief
written statement in support of the motion and a list of citations
of authorities in support.
3. All responses to motions shall be filed within fourteen (14)
days.
4. The Court shall set a hearing within thirty (30) days after
receipt of the request or, if no request, then it shall determine
the matter as soon as possible after the response is filed, or
if no response is filed, than as soon as possible after the fourteenth
(14) day has elapsed from filing the motion.
H. Correspondence.
Copies of all correspondence addressed to the Court by any party
or counsel shall be mailed or furnished to other counsel or parties
in the case, and the correspondence to the Court shall disclose
to whom copies were furnished. Correspondence not in compliance
with the order shall be disregarded by the Court.
APPENDIX “A”
REQUIRED DEPOSIT FOR FILINGS IN
SHELBY COUNTY PROBATE COURT
A. Application to Admit Will to Probate (when no administration
necessary) $ 28.00
B. Application for Authority to Administer Estate of Decedent
(Testate or Intestate)..................................................................................
$ 130.00
C. Application for Ancillary Administration................................................
$ 114.00
D. Application for Release from Administration..........................................
$ 93.00
With Will..................................................................................................
$ 98.00
Summary Release from Administration...................................................
$ 43.00
1. Additional fee for certificate of transfer of real estate.............
$ 7.00
Short Form Release..................................................................................
$ 43.00
E. Petition for Adoption..............................................................................
$ 465.00
F. Complaint (civil actions such as Will Contest, Land Sales,
Determination of Heirs, etc.)..................................................................
$ 150.00
G. Application for Appointment of Guardian (Minor)...............................
$ 110.00
(Alleged Incompetent)........... $ 210.00
(Conservator).......................... $ 155.00
H. Exceptions to Inventory and Appraisal..................................................
$ 50.00
I. Exceptions to Account...........................................................................
$ 50.00
J. Filing a claim against an estate..............................................................
$ 25.00
K. Petition for Release of Information Regarding Adopted Person’s
Names by Birth and/or Identity of Biological and/or Biological
Sibling...................................................................................................
$ 50.00
L. Application for Name Change..............................................................
$ 119.00
M. Minor’s Settlement...............................................................................
$ 38.00
Minor’s Settlement with Guardian.......................................................
$ 135.00
N. Trusts....................................................................................................
$ 105.00
O. Legitimation.........................................................................................
$ 38.00
P. Birth Correction or Registration..........................................................
$ 23.00
Q. Demand for Jury Trial.........................................................................
$ 300.00
R. Transcript............................................................................................
$ 23.00
S. Certification of any document............................................................
$ 3.00
T. The Clerk may demand an additional security deposit in any
amount up to $150.00 if the initial deposit is insufficient to
cover costs already incurred.
U. Reopen a case......................................................................................
$ 33.00
V. Request for a Foreign Birth Record....................................................
$ 114.00
W. Other matters not enumerated.............actual costs (2101.16)
If costs are not paid at the termination of litigation, the Clerk
may apply the security deposit of the obligating party to the
unpaid costs.
The Clerk may file Certificates of Judgment with the Clerk of
the Common Pleas Court of this county or any other county against
any of the parties for whom costs are due and to collect costs
due by any other legal remedies.
Any remaining security deposit in the amount of $2.00 or less
will not be refunded; said remaining amount shall be paid into
the Shelby County General Fund.
APPENDIX “B”
FACSIMILE FILING COVER PAGE
RECIPIENT INFORMATION:
NAME OF COURT: _____________________________________________________
TITLE OF THE CASE: ____________________________________________________
CASE NUMBER*: _______________________________________________________
TITLE OF THE DOCUMENT(S): ___________________________________________
FILING INFORMATION:
DATE OF FAX TRANSMISSION: __________________________________________
NUMBER OF PAGES (including this page): ___________________________________
STATEMENT EXPLAINING HOW COSTS ARE BEING SUBMITTED, IF APPLICABLE:
__________________________________________________________
*If a case number has not been assigned, please state that fact
in the space provided.
APPENDIX “C”
PROBATE COURT OF SHELBY COUNTY, OHIO
IN THE MATTER OF: CASE NO.
NOTICE OF FILING EXHIBIT “___"
__________________ hereby files Exhibit “____”. The
referenced pleading was filed by facsimile transmission with the
Court on __________ [date]. Exhibit “____” could not
be accurately transmitted by fax and is therefore being timely
filed as a separate document with the Court pursuant to Local
Rule 57.1.
Respectfully submitted,
__________________________________________
Attorney Name (Sup. Ct. Reg. No.)
Office/Firm
Address
Telephone
Facsimile
E-mail
Counsel for _________
CERTIFICATE OF SERVICE
I certify that a copy of this Notice of Filing Exhibit “___”
was sent by ordinary U.S. mail on ______ [date] to counsel for
_______, ___________ [name and address of recipient].
__________________________________________
Attorney Name
