The Supreme Court has adopted six new standard probate forms effective March 1, 2008.

• 5.10 Application for Summary Release
  
• 12.0 Application for Certificate of Transfer
  
• 15.9 Oath of Guardian
  
• 16.1 Affidavit
  
• 17.0 Application for Appointment of Guardian of Incompetent
  
• 18.0 Petition for Adoption of Minor
  

Local rule 71.1(B) requires attorneys to file a Certificate of Fee Agreement (HC Form 210.09) no later than 30 days after the Inventory in a decedent's estate is approved. This new filing requirement is effective for all estates where the inventory is filed on or after February 1, 2007 (the date that the local rules became effective). Delinquent notices will be sent to counsel and fiduciaries who fail to timely file the Certificate of Fee Agreement. Reminder notices will be sent to counsel who signed up for the e-mail notification program.

The Hamilton County Probate Court is pleased to announce that it has expanded the Electronic Notification Program to provide advance notice to fiduciaries, guardians and applicants in addition to attorneys. Upon completion of the “Electronic Mail Notification Request Form”, program clients with an e-mail address may receive advanced notices of upcoming deadlines for required filings such as commissioner reports, guardians’ reports, inventories and accounts. The e-mail notice will be generated approximately 30 days prior to the issuance of the “Notice of Overdue Requirement” [Pink Card]. This courtesy reminder will serve as a “tickler” that will allow attorneys and fiduciaries time to prepare and file required filings before Court intervention is required.

Forms are available at the Cashier, Issue Desk and via the Court’s web site (Click here to download the form in PDF). Completed forms may be returned to the cashiers or mailed to:

James Cissell, Judge
Hamilton County Probate Court
William Howard Taft Law Center
230 East Ninth Street 10th Floor
Cincinnati, Ohio 45202
Attn: E-Mail Notification Program

NOTICE. Posted January 10, 2006

Ohio Law requires the Hamilton County Probate Court to post in 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 outstanding checks, which were issued by the Hamilton County Probate Court. Payees can contact the probate cashier by Tuesday February 7, 2006 to have the check(s) reissued. The cashier is located on the 9th floor of the William Howard Taft Center at 230 East 9th Street and is open for business Monday – Friday between 8:00 a.m. – 4:00 p.m. For additional information contact the cashier @ 946-3583.

Click here for the list in PDF.

In accordance with 2303.201 (C), the filing fees for name changes, guardianship, adoptions, and estate proceedings will be increased to benefit the Legal Aid Society. The case types affected are listed in the table below.

UPDATE - Upon further review, the Ohio Probate Judges Association has determined that the surcharge on decedent estate proceedings only applies to full administration estates.

Click here to see a complete listing of our deposit structure.

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.Delinquent notice cards will be sent if the final account is not timely filed.

There are options to pursue if more time is needed to complete the administration process:

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. Either the attorney or fiduciary can sign this form.
   NOTE: Form 1.01 “Classification of Estate” has been modified to include the information contained on form 13.10. Extensions should be obtained early in the administration process to avoid placing the estate on the six-month schedule.
   
2. HC Form 13.81 “Application to Extend Administration” can be filed requesting an extension for a specified reason not contained in the above form 13.10. You can check the box indicating that it is the "initial" application to extend administration. The application must be signed by the fiduciary and is heard by the magistrate assigned to the case. It is in the magistrate’s discretion whether to allow the extension as well as the length of time the extension is granted.

If the estate is still not completed at the end of the initial extension period, the following procedure must be followed:

1. HC Form 13.81 “Application to Extend Administration” must be filed. You can check the box indicating that it is a "subsequent" application to extend administration. The fiduciary must sign the application. Only the magistrate assigned to the case can hear the application. It is in the magistrate’s discretion whether to allow the additional extension request as well as the length of time the additional extension is granted.
   
2. A partial account must be filed in conjunction with the extension application. ORC 2109.301[B]. A “Waiver of a Partial Account” [SPF Form 13.40] may be filed instead. A “Status Report” [HC Form 113.46] is required in both cases.
   NOTE: If an initial extension period lapses and a final account has not been filed or no application for additional time is filed, a CITATION will be issued to file the final account. No delinquency notice will be sent first.

The following changes have been implemented in the manner in which Inventories and Attorney Fee applications are presented for consideration by the court. These changes will help reduce the time practitioners currently spend waiting to see an available magistrate.

1. It is no longer necessary that a magistrate be seen when an inventory for a decedent’s estate is presented. Instead, the inventory may be left in the drop off box of the magistrate assigned to the case. If all waivers of notice are present, the magistrate will set a hearing on the inventory 7 days after the inventory is presented. If some or all waivers of notice are missing, the magistrate will set the hearing on the inventory 30 days after the inventory is presented.
   
   In the event the practitioner does not have all necessary waivers; but does not desire the hearing to be set out the full 30 days, then any magistrate should be seen personally to set the hearing accordingly.
   
   In the event the inventory is dropped off but is deficient in some respect, the assigned magistrate will contact the attorney/party to correct the error. The inventory will not be filed or set for hearing until the deficiency is resolved.



2. It is no longer necessary that the assigned magistrate be seen when attorney fee applications for decedent’s estates, guardianships or trusts are presented. Instead, the applications may be left in the drop off box of the magistrate. An entry approving the requested fee should also be included. If the fee which is ultimately allowed differs from the amount set forth on the entry, the Court will prepare its own entry.
   
   If the fee application is being presented at the same time an account is being filed, the practitioner should see the assigned magistrate for consideration of the application.
   
   In the event there is a deficiency in the application, the magistrate will contact the attorney to resolve the issue. The magistrate also may set the application for formal hearing and will contact the attorney to set up a hearing date. Notice of the hearing will have to be served by the attorney in accordance with the local rules and Rules of Superintendence.



3. In decedent estates where more than $20,000 in attorney fees are being requested, the magistrate assigned to the case should review the fee request even if the requested fee is within the fee guideline and consents have been obtained. A formal application is not required; but time records should be supplied at a minimum. The accounts department will not approve the account or certificate of termination until this review has been completed. Whether a formal hearing is held is within the discretion of the magistrate.

The Hamilton County Probate Court is pleased to announce its new Electronic Notification service effective January 2004. Upon completion of the “Electronic Mail Notification Form” attorneys with an e-mail address may receive advanced notices of upcoming deadlines for required filings such as inventories and accounts. The e-mail notice will be generated approximately 30 days prior to the issuance of the “Notice of Overdue Requirement” [Pink Card]. This courtesy reminder will serve as a “tickler” that will allow attorneys time to prepare & file required filings before any official notice is sent to the client. The e-mail notice will not be sent to the fiduciary.

Forms are available at the Cashier, Issue Desk and via the Court’s web site (Click here to download the form in PDF). Completed forms may be returned to the cashiers or mailed to:

James Cissell, Judge
Hamilton County Probate Court
William Howard Taft Law Center
230 East Ninth Street 10th Floor
Cincinnati, Ohio 45202
Attn: E-Mail Notification Program

Note: This service can be provided only to the attorney of record for the fiduciary/applicant.

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.Delinquent notice cards will be sent if the final account is not timely filed.

There are options to pursue if more time is needed to complete the administration process:

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. Either the attorney or fiduciary can sign this form.
   NOTE: Form 1.01 “Classification of Estate” has been modified to include the information contained on form 13.10. Extensions should be obtained early in the administration process to avoid placing the estate on the six-month schedule.
   
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 the fiduciary and is heard by the magistrate assigned to the case. It is in the magistrate’s discretion whether to allow the extension as well as the length of time the extension is granted.

If the estate is still not completed at the end of the initial extension period, the following procedure must be followed:

1. HC Form 13.81 “Application for Additional Time to Administer Estate” must be filed. The fiduciary must sign the application. Only the magistrate assigned to the case can hear the application. It is in the magistrate’s discretion whether to allow the additional extension request as well as the length of time the additional extension is granted.
   
2. A partial account must be filed in conjunction with the additional extension application. ORC 2109.301[B]. A “Waiver of a Partial Account” [SPF Form 13.40] may be filed instead. A “Status Report” [HC Form 113.46] is required in both cases.
   NOTE: If an initial extension period lapses and a final account has not been filed or no application for additional time is filed, a CITATION will be issued to file the final account. No delinquency notice will be sent first.