NOTICE. Posted Decmeber 1, 2014
The Hamilton County Probate Court has adopted changes to Local Rule 58.1 which include new provisions dealing with the payment of court costs.
The changes can be seen by clicking here.
NOTICE. Posted January, 2012
The changes to Local Rule 58.1 take effect on December 1, 2014.
The Court is accepting written comments on the newly adopted changes to Local Rule 58.1 until December 31, 2014. Written comments should be sent to the Probate at the following address:
Judge James Cissell
Hamilton County Probate Court
230 E. Ninth St., 10th Floor
Cincinnati, Ohio 45202
The Supreme Court has adopted seven new Standard Probate Forms effective January 1, 2012.
NOTICE. Posted December, 2009
The Supreme Court has adopted admendments to eleven Standard Probate Forms effective January 1, 2010.
NOTICE. Posted February, 2008
The Supreme Court has adopted six new standard probate forms effective March 1, 2008.
NOTICE. Posted May, 2007
(Updated 2009) Local rule 71.1(B) requires attorneys to file a Certificate of Fee Agreement
(HC Form 210.09) with the Inventory (or before)
in a decedent's estate. 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.
NOTICE. Posted January, 2006
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.
NOTICE. Posted September
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.
- 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.
Fee Effective 10/01/2005
||Step Parent Adoption
||Full Administration (before January, 2002)
||Full Administration (Sole Heir)
||Full Administration (after January, 2002)
||Wrongful Death Estate Only
||Guardianship (Estate Only)
||Guardianship (Person & Estate)
||Guardianship (Person Only)
||Minor Guardianship (Estate Only)
||Minor Guardianship (Person & Estate)
||Minor Guardianship (Person Only)
NOTICE. Posted July 5, 2005
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:
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
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.
- 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:
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.
- 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
“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.
NOTICE. Posted February 17, 2005
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
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
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.
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
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.