Common Pleas Court

COMMON PLEAS COURT

BUTLER COUNTY, OHIO

PROBATE DIVISION

LOCAL RULES

BUTLER COUNTY COURTHOUSE

101 HIGH STREET

HAMILTON, OHIO 45011

(513) 887-3294

(513) 887-3629 (FAX)

COMMON PLEAS COURT

BUTLER COUNTY, OHIO

PROBATE DIVISION

LOCAL RULES

As originally adopted and made effective beginning 12/15/2004 and including Amendments adopted through 9/30/2014

Conduct and operations in the Probate Division of the Butler County, Ohio Court of Common Pleas (Butler County Probate Court) are governed by the applicable Rules of Superintendence for the Courts of Ohio supplemented by local rules of practice adopted by the Butler County Probate Court, which follow. The Rules of Superintendence may be found on the Ohio Supreme Court’s website at: and are incorporated in their entirety into these Local Rules by reference.

The Butler County Probate Court=s Local Rules of Practice are numbered to correspond with the numbering of the Rules of Superintendence for the Court of Ohio. The effective date of all Butler County Probate Court Rules contained herein was December 15, 2004, except for rules that have been amended since that date. For rules that have been amended since December 15, 2004, the effective date of the amendment is set forth immediately following the new or amended paragraph.

TABLE OF CONTENTS

B.C.L.R. 8.1 APPOINTMENTS

B.C.L.R. 50.1 SEPARATE CASE FILING REQUIREMENTS

B.C.L.R. 52.1 SPECIFICATIONS FOR COMPUTER-GENERATED FORMS

B.C.L.R. 53.1 BUTLER COUNTY PROBATE COURT HOURS OF OPERATION

B.C.L.R. 54.1 CONDUCT IN BUTLER COUNTY PROBATE COURT

B.C.L.R. 55.1 INSPECTION OF BUTLER COUNTY PROBATE COURT RECORDS

B.C.L.R. 57.1 ADDITIONAL FILING REQUIREMENTS

B.C.L.R. 58.1 COURT COSTS

B.C.L.R. 58.2 WITNESS FEES

B.C.L.R. 59.1 STANDARD PROBATE FORM 1.0 FILING REQUIREMENT (TESTATE)

B.C.L.R. 60.1 STANDARD PROBATE FORM 1.0 FILING REQUIREMENT

B.C.L.R. 60.2MISCELLANEOUS REQUIREMENTS REGARDING THE FILING OF APPLICATION FOR AUTHORITIY TO ADMINISTER ESTATE

B.C.L.R. 61.1 INVENTORY AND APPRAISAL (ESTATES)

B.C.L.R. 62.1 BOND PREMIUMS

B.C.L.R. 62.2 INSOLVENT ESTATES

B.C.L.R. 64.1ADDITIONAL REQUIREMENTS FOR ACCOUNTS

B.C.L.R. 64.2 SHOW CAUSE HEARINGS

B.C.L.R. 65.1 APPRAISER FEES IN LAND SALE PROCEEDINGS

B.C.L.R. 66.1 GUARDIANSHIPS - ADDITIONAL RULES

B.C.L.R. 67.1 ESTATES OF MINORS NOT EXCEEDING TEN THOUSAND DOLLARS

B.C.L.R. 68.1 SETTLEMENT OF CLAIMS FOR INJURIES TO MINORS

B.C.L.R. 68.2 STRUCTURED SETTLEMENTS

B.C.L.R. 70.1 WRONGFUL DEATH SETTLEMENTS

B.C.L.R. 71.1 COUNSEL FEES

B.C.L.R. 71.2 CONTINGENT FEE AGREEMENTS

B.C.L.R. 73.1 GUARDIAN’S COMPENSATION

B.C.L.R. 73.2 VETERANS ADMINISTRATION - GUARDIANSHIPS

B.C.L.R. 74.1 TRUSTEE’S COMPENSATION

B.C.L.R. 75.1 LOCAL RULES - SPECIAL PROVISIONS

B.C.L.R. 78.1 CASE MANAGEMENT IN DECEDENT’S ESTATE, GUARDIANSHIP AND TRUSTS

B.C.L.R. 78.2 CASE MANAGEMENT AND PRE-TRIAL PROCEDURE FOR CIVIL ACTIONS

B.C.L.R. 78.3 INCORPORATION BY REFERENCE OF THE LOCAL RULES OF THE GENERAL DIVISION OF THE COURT OF COMMON PLEAS

B.C.L.R. 8.1APPOINTMENTS

(A)Appointment of Counsel in Civil Commitment and Civil Institutionalization Proceedings.

1. The Clerk shall maintain a list of attorneys who have expressed a willingness to accept appointments to serve as the counsel for persons for whom a civil commitment or civil institutionalization is sought, or persons for whom a civil commitment or civil institutionalization has been established and for whom the Court deems the appointment is necessary and proper.

[Effective date: 4/3/2009]

2.Assignment of counsel to represent persons for whom a civil commitment or civil institutionalization is sought, or persons for whom a civil commitment or civil institutionalization has been established and for whom the Court deems the appointment is necessary and proper shall be done in a manner that shall ensure an equitable distribution of appointments among persons on the appointment list. The determination of equitable distribution shall take into account the individual appointee’s education and professional experience and their particular knowledge of the types of specific issues presented by the particular case to which they are appointed, as well as the number of times that they have been appointed with respect to the times others have been appointed.

[Effective date: 4/3/2009]

3.The procedure by which all such appointments are made shall be reviewed periodically by the Court to ensure the equitable distribution of appointments among persons on the list maintained by the Court’s Clerk.

[Effective date: 4/3/2009]

4.The manner of compensation and rate at which persons appointed will be compensated for services provided as a result of appointment, including if applicable, a fee schedule, shall be set by order of the Court, in accordance with applicable statutes and administrative rules.

[Effective date: 4/3/2009]

(B)Appointment of Counsel in Guardianship Proceedings.

1. The Clerk shall maintain a list of attorneys who have expressed a willingness to accept appointments to serve as the counsel for persons for whom a guardianship is sought, or persons for whom a guardianship has been established and for whom the Court deems the appointment is necessary and proper.

[Effective date: 4/3/2009]

2.Assignment of counsel to represent persons for whom a guardianship is sought, or persons for whom a guardianship has been established and for whom the Court deems the appointment is necessary and proper shall be done in a manner that shall ensure an equitable distribution of appointments among persons on the appointment list. The determination of equitable distribution shall take into account the individual appointee’s education and professional experience and their particular knowledge of the types of specific issues presented by the particular case to which they are appointed, as well as the number of times that they have been appointed with respect to the times others have been appointed.

[Effective date: 4/3/2009]

(C)Appointment of Attorneys as Guardians.

1. The Clerk shall maintain a list of attorneys who have expressed a willingness to accept appointments to serve as the guardian of the person or the guardian of the estate of persons for whom a guardianship is either being sought or for whom guardianship proceeding is pending.

[Effective date: 4/3/2009]

2.Appointment of attorneys appointments to serve as the guardian of the person or the guardian of the estate of persons for whom a guardianship is either being sought or for whom guardianship proceeding is pending shall be done in a manner that shall ensure an equitable distribution of appointments among persons on the appointment list. The determination of equitable distribution shall take into account the individual appointee’s education and professional experience and their particular knowledge of the types of specific issues presented by the particular case to which they are appointed, as well as the number of times that they have been appointed with respect to the times others have been appointed.

[Effective date: 4/3/2009]

(D)Appointment of Attorneys as Guardians ad Litems.

1. The Clerk shall maintain a list of attorneys who have expressed a willingness to accept appointments to serve as the Guardians ad Litems.

[Effective date: 4/3/2009]

2.Appointment of attorneys to serve as Guardians ad Litems shall be done in a manner that shall ensure an equitable distribution of appointments among persons on the appointment list. The determination of equitable distribution shall take into account the individual appointee’s education and professional experience and their particular knowledge of the types of specific issues presented by the particular case to which they are appointed, as well as the number of times that they have been appointed with respect to the times others have been appointed.

[Effective date: 4/3/2009]

(E)Appointment of Attorneys as Fiduciaries in Estate and Trust Administration Proceedings.

1. The Clerk shall maintain a list of attorneys who have expressed a willingness to accept appointments to serve as the fiduciaries in estate administration proceedings and in trust administration proceedings.

[Effective date: 4/3/2009]

2.Appointment of attorneys to serve as the fiduciaries in estate administration proceedings and in trust administration proceedings shall be done in a manner that shall ensure an equitable distribution of appointments among persons on the appointment list. The determination of equitable distribution shall take into account the individual appointee’s education and professional experience and their particular knowledge of the types of specific issues presented by the particular case to which they are appointed, as well as the number of times that they have been appointed with respect to the times others have been appointed.

[Effective date: 4/3/2009]

B.C.L.R. 50.1SEPARATE CASE FILING REQUIREMENTS

(A) In any proceeding involving a wrongful death trust created pursuant to R.C. 2125.03(B), a separate case shall be opened with respect to each beneficiary of the trust.

(B) In guardianship proceedings, a separate Application for Appointment of Guardian (Standard Probate Form 16.0 or Standard Probate Form 17.0) shall be filed with respect to each ward.

(C)In conservatorship proceedings, a separate Application for Appointment of Conservator (Standard Probate Form 20.0) shall be filed with respect to each conservatee.

(D)In adoption proceedings, a separate Petition for Adoption (Standard Probate Form 18.0) shall be filed with respect to each person being adopted.

(E)In name change proceedings, a separate Application for Change of Name (Standard Probate Form 21.0 or Standard Probate Form 21.2) shall be filed with respect to each person for whom a change of name is being sought.

B.C.L.R. 52.1SPECIFICATIONS FOR COMPUTER-GENERATED FORMS

The Court will accept computer-generated probate forms, provided the following conditions are met:

(A)Such forms shall comply with the provisions of Rule 51 and Rule 52 of the Rules of Superintendence for the Probate Division of the Court of Common Pleas.

(B)Such forms shall be in the same form as those provided by the Court with respect to type-style, font, pitch, line spacing, eight and one-half by eleven inch page size, and twenty-four pound bond or heavier stock.

(C)Counsel, by filing computer generated forms, certifies to the Court that any computer-generated forms filed are in full compliance with the Rules of Superintendence and the Local Rules of Court. All printed material shall be in the same sequence and in the same location on the page as the Standard Probate Form. In the event of multiple page forms or two-sided forms, the printed material shall be on the same side or same page as the Standard Probate Form.

(D)The Court may reject such forms that deviate from the format of the Standard Probate Forms provided by the Court. Such forms may be rejected prior to filing or stricken from the record upon discovery and may subject the lawyer or law firm to such other sanctions as the court deems appropriate.

B.C.L.R. 53.1BUTLER COUNTY PROBATE COURT HOURS OF OPERATION

The Butler County Probate Court and its offices at 101 High Street shall be open for the transaction of business from 8:00 A.M. to 4:30 P.M. daily, except Saturday, Sunday, and legal holidays.

B.C.L.R. 54.1CONDUCT IN BUTLER COUNTY PROBATE COURT

Counsel shall not initiate or institute any discussion on a pending case with the judge or magistrate unless all counsel of record are present, or have been reasonably requested or notified to be present at a specific time fixed by the Court.

B.C.L.R. 55.1INSPECTION OF BUTLER COUNTY PROBATE COURT RECORDS

(A) No Court file or other Court record may be removed from the premises of the Court without an order signed by the Probate Judge. Violation of this rule may result in the issuance of a citation for contempt.

(B) Civil commitment case files, adoption case files and other filings and records designated by law or by the Probate Court as confidential shall not be examined by any person without the express authorization of the Probate Judge or a Probate Court Magistrate. When authorized, such examination shall take place within the presence of the Probate Judge, a Probate Court Magistrate, or a Probate Court Deputy Clerk. Violation of this rule may result in the issuance of a citation for contempt.

B.C.L.R. 57.1ADDITIONAL FILING REQUIREMENTS

(A)All documents presented for filing must be computer generated or typewritten and wholly legible. The clerk may reject for filing any documents that are partially or wholly illegible or are not suitable for microfilming or digital imaging.

B.C.L.R. 58.1COURT COSTS

Deposits shall be required upon the initial filing of any action or proceeding. The deposit may be applied as filings occur and additional deposits may be required. The court shall maintain and make available a current list of costs.

B.C.L.R. 58.2WITNESS FEES

Upon the filing of a praecipe for subpoena of witnesses, the party shall deposit, for each witness, an amount sufficient to pay the witness fee as prescribed by R.C. §2335.06.

B.C.L.R. 59.1STANDARD PROBATE FORM 1.0 FILING REQUIREMENT(TESTATE)

(A)A fully completed list of the Surviving Spouse, Children, Next of Kin, Legatees, and Devisees (Standard Probate Form 1.0) shall be filed with each Application to Probate Will (Standard Probate Form 2.0).

B.C.L.R. 60.1STANDARD PROBATE FORM 1.0 FILING REQUIREMENT

(A)A fully completed list of the Surviving Spouse, Children, Next of Kin, Legatees, and Devisees (Standard Probate Form 1.0) shall be filed with each Application for Authority to Administer Estate (Standard Probate Form 4.0). [In estates in which an Application to Probate Will (Standard Probate Form 2.0) has been filed with an accompanying Standard Probate Form 1.0, it will not be necessary to file a second Standard Probate Form 1.0.]

(B)If during the administration of an estate the executor or administrator, or, in those cases in which an application to relieve the estate from administration has been filed the applicant, discovers that any information set forth on the Standard Probate Form 1.0 is incorrect, the executor, administrator, or applicant shall promptly file an amended Standard Probate Form 1.0 setting forth the correct information.

B. C. L. R. 60.2.MISCELLANEOUS REQUIREMENTS REGARDING THE FILING OF APPLICATION FOR AUTHORITIY TO ADMINISTER ESTATE

[Effective date:11/7/2008]

(A) Except as otherwise provided in this Rule, applicants seeking to be appointed as the executor or administrator of a decedent’s estate shall fully complete all portions of the Application For Authority To Administer Estate (Standard Probate Form 4.0), including the portion of the form that requires a statement by the applicant of the “estimated value of the estate.” Failure to fully complete the Form 4.0, including the portion of the form that requires a statement by the applicant of the “estimated value of the estate,” will be deemed to be an incomplete filing and may be rejected by the Clerk, or if filed, may later be stricken from the Court’s record without hearing. (NOTE: A notation on the portion of Form 4.0 that requires a statement by the applicant of the “estimated value of the estate,” such as “to be determined,” or “unknown,” or some similar phrase or term, shall be deemed to constitute an incomplete filing.)

[Effective date:11/7/2008]

(1) The requirement set forth in paragraph (A) above shall not apply to a decedent’s estate in which (a) the estate is being opened to pursue a claim for wrongful death or survival action as a result of personal injury and there are no probate assets to be administered, or (b) the estate is being opened solely for the purpose of filing or continuing a cause of action in favor of or against the decedent’s estate. As set forth in paragraph (C) of this rule, in the case of either (a) or (b) above, the applicant shall file a “Classification Form For Estates (BCPC Form 412) stating that either (a) or (b) applies.

[Effective date: 11/7/2008]

(B)Except as otherwise provided in this Rule or ordered by the Court, applicants seeking to be appointed as the executor or administrator of a decedent’s estate shall file with their Application For Authority To Administer Estate (Standard Probate Form 4.0), an appropriate Fiduciary’s Bond (Standard Probate Form 4.2), unless (1) the decedent’s will requests that no bond be required, or (2) applicant is a trust company duly qualified in Ohio, or (3) the applicant is decedent’s surviving spouse and is entitled to the entire net proceeds of the estate, or the applicant is the decedent’s next of kin entitled to the entire net proceeds of the estate and there is no will. The Fiduciary’s Bond shall be in a penal sum not less than double the value of the probable value of the decedent’s personal estate and of the annual rentals which come into such person’s hands as the fiduciary.

[Effective date:11/7/2008]

(C) In any case in which (a) the estate is being opened to pursue a claim for wrongful death or survival action as a result of personal injury and there are no probate assets to be administered, or (b) the estate is being opened solely for the purpose of filing or continuing a cause of action in favor of or against the decedent’s estate, at the time of the filing of the Application For Authority To Administer Estate (Standard Probate Form 4.0), the applicant shall also file a “Classification Form For Estates (BCPC Form 412) stating that either (a) or (b) applies.

[Effective date:11/7/2008]

B.C.L.R. 61.1INVENTORY AND APPRAISAL(ESTATES)

(A)Within three months after the date of the fiduciary’s appointment, the fiduciary shall file with the Probate Court an Inventory and Appraisal (Standard Probate Form 6.0) with an attached Schedule of Assets (Standard Probate Form 6.1), unless the Court grants an extension of time.