Archived Alerts

The Hamilton County Probate Court will be closing at 1:00 PM on Monday, April 8, 2024.

ATTENTION
PUBLIC NOTICE

Effective: January 2, 2024

Ohio Law requires the Hamilton County Probate Court to post a list of cases in which money has been paid and remained in the hands of the Court for one year since the next preceding first Monday of January. The attached is a list of funds, which are being held by the Hamilton County Probate Court. Payees can contact the Probate cashier before Wednesday February 14, 2024 to claim the funds. The cashier is located on the 9th floor of the William Howard Taft Law Center at 230 East 9th Street and is open for business Monday – Friday between 8:00 a.m. – 3:45 p.m. For additional information contact the cashier at 513-946-3604.

List of Unclaimed Funds for 2024

Notice

The Hamilton County Probate Court has adopted changes to its Local Rules which remove the joint control requirement pertaining to guardianships. Local Rule 75.1 (B)(2) is deleted in its entirety, effective April 14, 2023. Joint control is no longer required for guardianships filed after April 14, 2023.

The Court is accepting written comments on the newly adopted changes to the Local Rules until May 15, 2023. Written comments should be sent to the Probate Court at the following address:

Judge Ralph Winkler
Hamilton County Probate Court
230 E. Ninth Street, 10th Floor
Cincinnati, Ohio 45202

The Hamilton County Developmental Disabilities Service Board (DDSB) will have two vacancies in January 2023. As the appointing authority for these positions, Judge Ralph Winkler is looking for the best and brightest talent in Hamilton County to fill these two vacancies. You can find out more information regarding the positions, the requirements, and our application at www.probatect.org/about/boardappointments.

Judge Winkler will be accepting applications until December 27, 2022.

The Hamilton County Probate Court has adopted changes to its Local Rules. The changes can be seen on the Court’s website www.probatect.org listed under Recent Alerts. The changes take effect on March 7, 2022.

The Court is accepting written comments on the newly adopted changes to the Local Rules until April 4, 2022.

Written comments can be sent to the Probate Court at the following address:

Judge Ralph Winkler

Hamilton County Probate Court

230 E. Ninth Street, 10th Floor

Cincinnati, OH 45202

2022 Local Rules Revisions

This deposit schedule is based upon the average cost to complete various case types. Each case is different and additional funds may be required to complete a case.

Effective July 19, 2021

CODE	DESCRIPTION	DEPOSIT	MISC
AA	Adult Adoption	$180.00
AC	Consent to Interstate Adoption	$70.00
AF	Registration of Foreign Birth Record	$100.00
AG	Agency Adoption	$210.00
AL	Pre-Placement A & E	$80.00
AP	Private Adoption	$210.00
AR	Readoption (AKA Foreign Readopt)	$190.00
AS	Adoption by Step Parent	$190.00
AX	Complaint Determining Birth Registration	$190.00
BC	Birth Correction	$90.00
BR	Birth Registration	$90.00
CD	Disinterment	$90.00
CH	Determination of Heirship	$160.00
CI	Civil Case (Unspecified)	$180.00
CM	Correction of Marriage Record	$90.00
CN	Name Change	$150.00	$30 additional collected if publication required
CS	Sales Case	$160.00
CT	Transfer Structured Settlement	$170.00
CW	Will Contest	$180.00
DG	Designation of Standby Guardian - Power of Atty	$60.00
DG	Nomination of Guardian	$60.00
DH	Designation of Heir	$120.00
DP	Declaration of Paternity	$70.00
DR	Authenticated Copies	$40.00	Plus $1 Per Pg.
DR	Authenticated Copies With Will	$50.00	Plus $1 Per Pg.
DW	Will Deposit	$40.00
EA	Full Administration of Estate (Date of Death prior to 1/1/2002)	$260.00
EB	Reopen Full Administration	$110.00
EC	Certificate of Transfer Over 10 Yrs.	$90.00	Additional $30 if filed with a Will
ED	Admit Will Only	$100.00
EE	Estate Tax Return Only	$30.00	Plus $1 Per Pg Over 4 Pgs.
EF	Will For Record Only	$30.00
EG	Disposition of Bodily Remains	$90.00
EN	Full Administration of Estate (Date of Death on or after 1/1/2002)	$260.00
EP	Estate Relieved (Publication Required)	$210.00
EP	Estate Relieved (Publication Required) with Will	$240.00
ER	Estate Relieved (No Publication)	$170.00
ER	Estate Relieved (No Publication) with Will	$200.00
EX	Wrongful Death Estate Only	$190.00
EZ	Summary Release From Administration	$150.00
GC	Conservatorship	$160.00
GE	Guardianship (Estate Only)	$240.00
GI	Guardianship (Person and Estate)	$240.00
GP	Guardianship (Person Only) $240.00
IT	Involuntary Treatment for Alcohol and/or Drugs	$90.00
MA	Appointment of Successor Custodian	$60.00
ME	Minor Guardianship (Estate Only)	$170.00
MG	Minor Guardianship (Person and Estate)	$170.00
MJ	Minor Declining Jurisdiction	$110.00
MP	Minor Guardianship (Person Only)	$170.00
MS	Minor Settlement (No Guardian)	$110.00
MX	Deliver Funds to Minor (No Guardian)	$80.00
ML	Marriage License	$75.00
TM	Trust (Misc.)	$140.00
TS	Trust (Special Needs)	$140.00
TT	Trust (Testamentary Trust)	$140.00
TW	Trust (Wrongful Death)	$140.00
	Accounts	$40.00	Plus $1 Pg Over Standard Form

In response to the public health crisis created by COVID-19 and the actions taken by federal, state, and local officials, the First District Court of Appeals and the Hamilton County Probate Court (the "Courts") have implemented a number of safety measures through a series of Administrative Orders in an effort to maintain Court functions while complying with public health orders and guidelines.

On May 14, 2021, Ohio Governor Mike DeWine issued a statement directing the Ohio Department of Health to conform the remaining health orders to CDC guidance through June 2.

Specifically, "Ohio will be amending our remaining health orders to comply with the new CDC guidance, which says that those who have been vaccinated no longer need to wear masks, while those who have not been vaccinated should still wear a mask and socially distance."

The Courts have also taken into consideration guidance from Ohio Supreme Court Chief Justice O'Connor to "continue to operate within the directives of the Governor and the Director of Health."

Accordingly, to further serve the community and in accordance with the most updated guidance from the CDC and Ohio Public Health, effective immediately and until further order, the Courts modify their previous COVID-19 related Administrative Orders as follows:

This Administrative Order applies to the William Howard Taft Law Center at 230 E. 9th Street (Court Facilities).
Anyone entering Court Facilities, under this Administrative Order, and is fully vaccinated, as defined by current Ohio Public Health Orders and as set forth below, is not required to wear a facial covering or have their temperature taken.
For purposes of this Order, a facial covering is a face covering or mask made of cloth or a similar material that covers the nose, mouth, and chin at all times, and is separate and apart from one's clothing, and does not obscure the identity of the person.
Individuals who wish to wear a face covering for personal health reasons shall be permitted to do so. Individuals may be asked by a judge or magistrate to remove their face covering if necessary for purposes of audibility.
Consistent with public health guidelines, individuals who are not fully vaccinated, including children under 12, remain at risk, and are strongly encouraged to wear a face covering and observe physical distancing, keeping a minimum of six (6) feet of distance between people, at all times in all areas.
For purposes of this Order, individuals are considered fully vaccinated for COVID-19 two weeks after they have received the second dose in a two-dose series, or two weeks after they have received a single-dose vaccine.
Unvaccinated people refers to individuals of all ages, including children that have not completed a vaccination series or received a single-dose vaccine.
Each judge and magistrate retains the authority to establish their own, more restrictive standards within their courtroom and adjoining offices including capacity, social distancing, and mask policies. To the extent a judge or magistrate requires the use of a face covering in their courtroom, a face covering or mask shall be provided by the court.
Previous limitations on in-person access to Court Facilities, which were necessary to limit large gatherings, are hereby lifted. Judges are encouraged, however, to continue to stagger dockets and utilize remote hearing capabilities if possible.
Given the continued threat posed by COVID-19 to unvaccinated, immunocompromised, and other individuals, judges and magistrates are strongly encouraged to utilizing remote hearing capabilities or liberally grant continuances to accommodate those with ongoing COVID-19 related personal health concerns.
Electronic filing through the Clerk of Courts and Probate Clerk’s e-filing portal is encouraged for all filings where possible.
The availability of hand sanitizers and regular cleaning in common areas shall be maintained.
No person shall enter Court Facilities, including all Hamilton County elected officials, county and court employees, contractors, and anyone seeking to participate in or attend a court proceeding, without regard to vaccination status:
- If they have COVID-19 or believe they have COVID-19, or;
- They exhibit signs of respiratory infection (cough, fever, shortness of breath). Such individuals seeking to attend a court hearing shall be instructed to call their attorney or the courtroom staff of the judge presiding over the proceedings.
- They are an unvaccinated person, and within the last 14 days, have been exposed to someone suspected or confirmed to have COVID-19, or;
- They are awaiting a COVID-19 test result.
The Hamilton County Sheriff and his or her Deputies and other agents shall not be liable for anyone admitted or denied access to Court Facilities regardless of such person's medical health.
Any person who exhibits symptoms of COVID-19 in any area of the Court Facilities may be asked to leave the Court Facilities at the discretion of the Courts.
Unvaccinated employees must perform a daily symptom assessment before coming to work and are strongly encouraged to wear a facial covering and observe physical distancing in all areas of Court Facilities except in their private office space. Employees must stay at home if they develop a fever or exhibit signs of a respiratory infection.
This Administrative Order is effective immediately and until further order of the Courts. To the extent this Order conflicts with any of the Courts' previous COVID-19 related Administrative Orders, this Administrative Order supersedes.

The Accounts Department will remain closed to in-person reviews at this time. Please continue to leave all accounts in the basket on the information counter.

Under the Coronavirus Response and Relief Supplemental Appropriations Act of 2021 and the American Rescue Plan Act of 2021, FEMA will provide financial assistance for COVID-19-related funeral expenses incurred after January 20, 2020. Read the PDF document for more information: FEMA Funeral Assistance

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Good Deeds Program

Good Deeds Program

The Hamilton County Probate Court and the Hamilton County Recorder’s Office, in collaboration with local volunteer lawyers, are offering the GOOD DEEDS PROGRAM to help Hamilton County residents better understand probate issues regarding their property transfers.

The GOOD DEEDS PROGRAM includes a voluntary deed review process for homeowners. The goal of this effort is to help Hamilton County residents identify if their current deed and other assets will require transfer through Probate Court upon death, and to consider less expensive and time-consuming alternatives to a probate transfer.

How The Good Deeds Program Works

Deed Review Process

Step 1.

The Hamilton County Recorder’s Office will provide a copy of your current deed upon request (for more information about deeds see GOOD DEEDS CHECKLIST BELOW). To obtain a copy of your current deed, contact the Hamilton County Recorder's Office at 513-946-4600 or visit their website at recordersoffice.hamilton-co.org.

Step 2.

Attend an upcoming GOOD DEEDS COMMUNITY FORUM between the Probate Court, Recorder’s Office Staff, and local volunteer attorneys.

Date Time Location Details
Monday, February 19, 2024 7:00-9:00 PM St. Bernard-Ludlow Grove Historical Society 110 Washington Ave, St Bernard, OH 45217
Researching Property in Hamilton County, Ohio, by Scott Crowley

Free for members of the St. Bernard-Ludlow Grove Historical Society
$5.00 for non-members

Date Time	Location	Details
Monday, February 19, 2024 7:00-9:00 PM	St. Bernard-Ludlow Grove Historical Society 110 Washington Ave, St Bernard, OH 45217	Researching Property in Hamilton County, Ohio, by Scott Crowley Free for members of the St. Bernard-Ludlow Grove Historical Society $5.00 for non-members

Step 3. (OPTIONAL)

Refer to local attorneys for individual estate planning as needed.

The Good Deeds Checklist

The Court is available to effectively probate the estates of Hamilton County residents and sometimes a will and opening an estate is necessary. You should know, however, that a less expensive and faster alternative may be available in certain situations. Our GOOD DEEDS CHECKLIST provides examples of types of property you may own and explains low or no-cost ways to avoid a probate transfer, saving you and your loved ones legal costs down the road.

Real Estate Survivorship Deeds for Couples or Joint Owners

If you own or plan to own real estate property jointly (for example, with a spouse) and you want the property to pass to the other joint owner automatically upon your death, a survivorship deed is a low-cost mechanism to achieve this goal. Such a deed must include language to the effect of "FOR THEIR JOINT LIVES, REMAINDER TO THE SURVIVOR OF THEM."

Did you know that even if you own your property jointly depending on the form of your present deed, your family may have to file a proceeding in the Probate Court to transfer ownership of your home upon your death? Unless your property is in a trust, an LLC, or contains survivorship language, you may have to go through the probate process (which would likely involve attorney fees, court costs, and extra time) just to transfer ownership of the property into the other joint owner's name alone.

Individuals buying a home together who wish to have a survivorship deed issued may instruct the preparer of their deed to include the necessary survivorship language. Preparation now will save you time and money later.

Transfer on Death (T.O.D.) Affidavit for Individual Owners

Another way for an individual owner (for example, single individuals and surviving spouses) to transfer real property at death while saving time and money, and without having to go through the probate process, is to execute a Transfer on Death (T.O.D.) Affidavit. A Transfer on Death Affidavit generally includes the individual's name, legally identifies the property, and names the beneficiary or beneficiaries of the property upon the death of the current property owner. Once executed, if the property is located in Hamilton County, the property owner should record the T.O.D. Affidavit at the Hamilton County Recorder's Office, 138 East Court Street, 2nd Floor, Cincinnati, Ohio, 45202.

The cost to prepare and file a T.O.D. Affidavit is minimal compared to the costs to transfer real property, after the death of the property owner, via the probate process.

For more information:

https://codes.ohio.gov/ohio-revised-code/section-5302.22

Bank Accounts & Payable on Death (P.O.D.) Accounts

Anyone who owns a bank account can add Payable on Death (P.O.D.) beneficiaries to the bank account at NO COST. Upon death, the money in the P.O.D. account is paid directly to the P.O.D. beneficiaries upon presentation of the death certificate of the original account holder.

Until the account holder's death, the beneficiaries can't access the bank account. Without a P.O.D. account, the account must be administered through the Probate Court before being transferred pursuant to a will or as provided by law. Contact your bank and they should be able to walk you through the process.

Motor Vehicle Transfer on Death (T.O.D.)

A vehicle owner can have a Transfer on Death (T.O.D.) notation placed on the vehicle title at the Hamilton County Clerk of Courts Automobile Title Division Office with the names of up to two (2) beneficiaries, their addresses, and social security numbers. There is a small fee to re-issue a vehicle title with a T.O.D. notation. With the T.O.D. notation, ownership of the vehicle passes to the named T.O.D. beneficiary by showing the vehicle title and the death certificate of the deceased owner. A T.O.D. notation helps avoid Probate Court and saves time and money.

Married Couples: A surviving spouse may transfer an unlimited number of vehicles valued up to $65,000. This transfer does not affect any liens on the vehicle. If a lien exists, it will be carried forward.

Similar to a motor vehicle, boats, campers, recreational vehicles, and mobile homes are titled assets, and you can designate a transfer on death (T.O.D.) beneficiary to avoid the probate court process. The procedure for a T.O.D. notation is similar to the motor vehicle T.O.D. process.

More information can be found at:

https://www.bmv.ohio.gov/titles-transfer-death.aspx

Stocks & Bonds

Most stocks are now held in mutual fund accounts which have the option to add a beneficiary designation. Individual shares of stock will transfer through the Probate Court if they are owned by an individual without a designated co-owner.

You may place a T.O.D. notation on shares of stock through the issuer of the stocks. You can find help with this process by contacting the issuer of the stock.

Savings bonds must be jointly owned or have an official T.O.D. notation right on the bond to transfer directly at death and avoid probate. To add a co-owner to a bond, or to designate a T.O.D. beneficiary contact the issuer of the bond.

Life Insurance and Other Investment Accounts

Most long-term investments (for example, IRAs, 401Ks, investment accounts, life insurance, mutual fund accounts) include the option to add a beneficiary designation to avoid the transfer of assets being administered through probate court. It's a good idea to review beneficiary designations periodically to ensure they accurately reflect your current situation. Many forms can be viewed online or ask the issuer for a copy. If you name your “estate" as a beneficiary, the asset becomes a probate asset requiring transfer through probate court.

Individual shares of stock and savings bonds without co-owners or transfer on death designations will have to pass through probate. For more information, you may wish to consult an attorney or tax advisor.

Remember, it is still important to have a WILL because some possessions may not be able to transfer outside of probate court through one of the techniques described in this brochure. Parents with minor children should have a WILL to designate their choice of guardian for their children should something happen to them. Your WILL should be stored in a safe and secure location (for example, fireproof safe). Alternatively, you may deposit your WILL safely with the Hamilton County Probate Court for a small fee.

If something happens to you, your loved ones could face unnecessary costs and delays in receiving the property and assets you wish to pass on to them.

The Good Deeds Program is a public service brought to you by our offices. Probate law is complex and many people cannot afford to hire an attorney to assist them in completing the entire probate process. Without planning and the assistance of an attorney to guide your family through a complicated process, your family could face the loss of inherited money and property. While a will and probate are necessary for some things (for example, a will to provide for the guardianship of minor children) some assets can pass outside of probate. You can act now to help avoid unnecessary loss down the road due to legal fees, court costs, and delays. We hope you find the information offered through the Good Deeds Program helpful and we look forward to serving you.

Sincerely,

Ralph Winkler

Scott Crowley

The information on this webpage is provided as a public service and does not constitute legal advice which can only be given to you by an attorney. Many probate matters involve complex and valuable legal rights. It is advisable to speak with an attorney to assist with estate planning.

Good Deeds Program Pamphlet