COURT OF COMMON PLEAS PROBATE DIVISION CLERMONT

COURT OF COMMON PLEAS

PROBATE DIVISION

CLERMONT COUNTY, OHIO

JAMES A. SHRIVER, JUDGE

JAMES C. HENDERSON, MAGISTRATE

2379 Clermont Center Drive

Batavia, Ohio 45103

LOCAL RULES

Effective May 1, 2008

Effective January 1, 2012

Effective May 1, 2014

Effective January 1, 2015

Effective August 1, 2015

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TABLE OF CONTENTS

Title Page

Rule 11.1 Record of Proceedings ............................................................................ 4

Rule 51.1 Standard Probate Forms ......................................................................... 4

Rule 52.1 Specifications For Printing Probate Forms .............................................. 4

Rule 53.1 Hours of the Court ................................................................................... 4

Rule 54.1 Court Security Plan ................................................................................. 4

Rule 55.1 Probate Files ........................................................................................... 5

Rule 57.1 Motions and Entries ................................................................................. 5

Rule 57.2 Motions to Restrict Public Access to Information Contained Within

Court Records ......................................................................................... 5

Rule 57.3 Motions to Obtain Access to Information Contained within Court Records

That Have Been Granted Restricted Public Access ................................. 7

Rule 57.4 Filings by Mail .......................................................................................... 7

Rule 57.5 Reserved ................................................................................................. 8

Rule 58.1 Court Costs .............................................................................................. 9

Rule 58.2 Witness Fees ........................................................................................... 9

Rule 59.1 Wills ......................................................................................................... 9

Rule 59.2 Will for Deposit ......................................................................................... 9

Rule 60.1 Application for Authority to Administer Estate/Notice of Appointment ...... 9

Rule 61.1 Appraisers and Appraisal ....................................................................... 10

Rule 61.2 Inventory and Appraisal ......................................................................... 11

Rule 62.1 Claims; Insolvency; Medicaid; Support Arrearage; Release from

Administration; Adoptions and Name Change Proceedings .................. 12

Rule 64.1 Fiduciary Accounts................................................................................. 13

Rule 64.2 Show Cause Hearings ........................................................................... 14

Rule 65.1 Land Sale Proceedings .......................................................................... 14

Rule 66.01 Definitions for a Guardianship ................................................................. 15

Rule 66.02 Application of Guardianship Rules .......................................................... 15

Rule 66.03(A) Emergency Guardianships ..................................................................... 15

Rule 66.03(B) Guardian Comments and Complaints ..................................................... 16

Rule 66.04 Durable Power of Attorney ...................................................................... 18

Rule 66.05(A) Guardian Background Checks ................................................................ 18

Rule 66.05(B) Guardian with Ten or More Adult Wards ................................................. 19

Rule 66.06 Guardian Fundamentals Training Requirement ..................................... 19

Rule 66.07 Guardian Annual Continuing Education ................................................. 19

Rule 66.08 General Responsibilities of the Guardian to the Court ........................... 20

Rule 66.09 General Responsibilities of the Guardian to the Ward ........................... 22

Rule 66.10 Guardianship of Minors .......................................................................... 23

Rule 66.11 Next of Kin for Guardianship of Incompetent Adults .............................. 23

Rule 66.12 Inventory, Fund Release, Expenditures and Identification of

Legal Documents .................................................................................... 24

Rule 66.13 Reserved .............................................................................................. 24

Rule 66.14 Deposit of Will by Guardian ................................................................... 24

Rule 66.15 Powers of Attorney by Guardian Prohibited ........................................... 24

Rule 66.16 Reserved ............................................................................................... 24

Rule 66.17 Indigent Wards ....................................................................................... 24

Rule 66.18 Veterans’ Guardianships ........................................................................ 24

Rule 66.19 Additional Cost Deposit .......................................................................... 25

Rule 67.1 Estates of Minors Not Exceeding Twenty-Five Thousand Dollars ......... 25

Rule 68.1 Settlement of Claims For Injuries to Minors ........................................... 25

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Rule 68.2 Structured Settlements .......................................................................... 25

Rule 68.3 Sale of Structured Settlement Payments ............................................... 26

Rule 70.1 Settlement of Claims For Wrongful Death .............................................. 26

Rule 71.1 Attorney Fees in Decedent's Estates ..................................................... 27

Rule 71.2 Contingent Fees .................................................................................... 29

Rule 72.1 Executor's and Administrator's Commissions ........................................ 29

Rule 73.1 Guardian's Compensation ..................................................................... 30

Rule 73.2 Attorney’s Fees for Guardianship Administration ................................... 31

Rule 74.1 Trustee Compensation........................................................................... 31

Rule 74.2 Attorney Fees for Trust Administration ................................................... 32

Rule 75.1 Local Rules (Special Provisions) .......................................................... 32

A. APPLICATION OF LOCAL RULES

B. OMISSION/REDACTION OF PERSONAL IDENTIFIERS

C. EVIDENCE OF TRUST

D. GUARDIAN AD LITEM

Rule 78.1 Case Management in Decedent Estates, Guardianships and Trusts ..... 33

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Rule 11.1 RECORD OF PROCEEDINGS

The Court records all hearings electronically. Any party, at that party's own expense, may

provide a court reporter. The audio-electronic recording shall be the official record.

A transcription of the record shall be made at the expense of the person requesting such

transcription unless otherwise ordered by the Court. The transcription shall be made by an agent

of the Court. The agent shall charge the customary fee charged by a private reporter for services in

Clermont County for such transcription or as otherwise provided for by Clermont County Common

Pleas Local Rule. Transcripts will be released upon payment of the transcription fee. Failure to timely

pay the fee may result in sanctions being imposed by the Court.

The original recording shall be maintained by the Court for a period of 1 year from

journalization of the final entry or judgment in the case. However, if a written request for

transcription has been made, the original recording shall become part of the record of

proceedings.

Rule 51.1 STANDARD PROBATE FORMS

The applicable Standard Probate Forms provided by this Court shall be used for all filings in this

Court, except that computer-generated forms may be used subject to the limitations in Rule

52.1.

Rule 52.1 SPECIFICATIONS FOR PRINTING PROBATE FORMS (Computer-Generated

Forms)

This Court may accept computer-generated forms created by third party providers, forms as

adopted by this Court, or forms prepared by lawyers or others, provided the following

conditions are met:

A. Such forms shall be in the same format as those provided by this Court.

B. The individual presenting forms to this Court shall be responsible to ensure that such

forms are in full compliance with the Rules of Superintendence and the Local Rules of this Court.

C. All printed material shall be in the same words, sequence and location on the page

as the standard probate form. In the case 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.

Any interlineated information shall be in typeface or written legibly in ink.

D. The Court may reject forms that deviate from the format of the Standard Probate Forms

provided by this Court. Such forms may be rejected prior to filing or stricken from the record

upon discovery.

Rule 53.1 HOURS OF THE COURT

This Court and its offices at 2379 Clermont Center Drive, Batavia, OH 45103, shall

be open for the transaction of business from 8:00 am to 4:00 pm daily, except

Saturday, Sunday and legal holidays.

Rule 54.1 COURT SECURITY PLAN

This Court has developed and implemented a court security plan to help maintain the

safety of those using the Court's facilities.

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Rule 55.1 PROBATE FILES

No Probate Court file shall be removed from the Court.

Rule 57.1 MOTIONS AND ENTRIES

All motions shall be accompanied by a supporting memorandum. The memorandum shall

include a brief statement of the grounds for the motion, with citations to authorities relied upon, and

proof of service in accordance with Civil Rule 5. Depositions, answers to interrogatories, written

admissions, affidavits, transcripts of evidence and written stipulations of fact to support or oppose

a motion for summary judgment shall be filed separately with the Clerk or attached to the motion or

memorandum with appropriate reference in the caption.

Except for good cause, all motions shall be set for oral argument and shall be accompanied

by an entry setting the motion for hearing. The moving party shall consult with opposing counsel

to set a hearing date that is mutually agreeable. In the absence of an agreed hearing date, the

Court shall set a date for the hearing.

All entries and orders presented to the Court for approval should include the date of the

hearing, the names of those present, and the specific motion or application heard by the Court on

that date. The caption of all entries and orders presented to the Court for approval shall state the

subject matter of the Court's decision with reasonable specificity.

All filings, entries and orders which bear an endorsement of counsel per telephone or

electronic authorization shall state the date of said authorization and shall also contain a

certificate of service by the attorney who obtained authorization that a copy of the filing, entry or

order has been delivered to the consenting counsel.

All pleadings, motions, applications and other filings presented to the Court shall be correctly

captioned and shall either be in typeface or written legibly in ink. All pleadings filed by an

attorney shall be typed. Applicants appearing pro se are encouraged to type all filings. Any

information interlineated on pleadings, motions, applications and other filings shall be in typeface

or written legibly in ink.

The Court reserves the right to reject or strike any pleadings in which the text or the

signatures are illegible.

Application for leave to withdraw as counsel shall be made by written motion filed

with the Court, with copies served upon the fiduciary and all other attorneys or parties of record in

accordance with Civil Rule 73. If such Application is granted and the fiduciary does not appear

at such hearing, the withdrawing attorney shall notify such fiduciary or other party in accordance

with Civil Rule 73. Proof of compliance with Civil Rule 73 shall be filed with the Court.

Rule 57.2 MOTIONS TO RESTRICT PUBLIC ACCESS TO INFORMATION

CONTAINED WITHIN COURT RECORDS

A request to restrict public access to information contained within a court record

shall be made by written motion. If the motion is filed simultaneously with the

information that is the subject of the motion, then the subject information shall be

restricted from public access pending the Court's ruling on the motion. If the motion is

filed after the filing of the information that is the subject of the motion, then the subject

information shall remain open to the public pending the Court's ruling on the motion.

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Any party to a judicial action or proceeding or other person who is the subject of

information in a case document may, by written motion to the court, request that the

court restrict public access to the information or, if necessary, the entire document.

Additionally, the court may restrict public access to the information in the case

document or, if necessary, the entire document upon its own order. The court shall give

notice of the motion or order to all parties in the case. The court may schedule a

hearing on the motion. If a hearing is scheduled, the filing party shall complete a

“Written Request for Service” (Form 200.47) that lists the names and addresses of all

persons who are to receive service of the motion. Notice shall be served via certified

mail.

A court shall restrict public access to information in a case document or, if

necessary, the entire document, if it finds by clear and convincing evidence that the

presumption of allowing public access is outweighed by a higher interest after

considering each of the following:

(a) Whether public policy is served by restricting public access;

(b) Whether any state, federal, or common law exempts the document or

information from public access;

injury to persons, individual privacy rights and interest, proprietary business information,

public safety, and fairness of the adjudicatory process.

When restricting public access to a case document or information in a case

document pursuant to this division, the court shall use the least restrictive means

available, including but not limited to the following:

(a) Redacting the information rather than limiting public access to the entire

document;

(b) Restricting remote access to either the document or the information while

maintaining its direct access;

a specific period of time;

(d) Using a generic title or description for the document or the information in a

case management system or register of actions;

(e) Using initials or other identifier for the parties’ proper names.

If a court orders the redaction of information in a case document pursuant to this

division, a redacted version of the document shall be filed in the case file along with a

copy of the court’s order. If a court orders that the entire case document be restricted

from public access, a copy of the court’s order shall be filed in the case file. A journal

entry shall reflect the court’s order. Case documents ordered restricted from public

access or information in documents ordered redacted shall not be available for public

access and shall be maintained separately in the case file.

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For purposes of public access to Court records, the Court manages it’s paper file

the same as its electronic file. Generally, the Court will not restrict access to one such

file-type without restricting access to the other.

Rule 57.3 MOTIONS TO OBTAIN ACCESS TO INFORMATION CONTAINED

WITHIN COURT RECORDS THAT HAVE BEEN GRANTED RESTRICTED

PUBLIC ACCESS

Any person, by written motion to the court, may request access to a case

document or information in a case document that has been granted restricted public

access pursuant to division 57.2 of these rules. The Court shall give notice of the

motion to all parties in the case and, where possible, to the non-party person who

requested that public access be restricted. The Court may schedule a hearing on the

motion. If a hearing is scheduled, the filing party shall complete a “Written Request for

Service” (Form 200.47) that lists the names and addresses of all persons who are to

receive service of the motion. Notice shall be served via certified mail.

A court may permit public access to a case document or information in a case

document if it finds by clear and convincing evidence that the presumption of allowing

public access is no longer outweighed by a higher interest. When making this

determination, the court shall consider whether the original reason for the restriction of

public access to the case document or information in the case document pursuant to

division 57.2 of these rules no longer exists or is no longer applicable and whether any

new circumstances, as set forth in that division, have arisen which would require the

restriction of public access.

The information that has been granted restricted public access that is the subject

of the motion will remain under seal pending the Court’s ruling on the motion.

If the motion is granted, the Court shall release only the specific information that

warrants release and shall keep the remainder under restricted public access.

Rule 57.4 FILINGS BY MAIL

Pleadings and applications which commence proceedings and for which the Court must

collect an initial case deposit against costs, and all estate tax returns, must be filed in person.

Pleadings, motions, applications and other filings as set forth below may be filed with the

Court by U.S. Mail or other delivery services subject to the conditions set forth by the Local Rules or

by the Court. If there is a deficiency in the proposed pleadings, motions, applications, filings or

payment of costs, such items will be returned to the sender without being filed.

A. Decedent's Estates

Attorney Fee Applications; Consents and Waivers of Notice of

Hearing

Appointments of Appraisers

Applications to Transfer Motor Vehicles;

Applications for Certificates of Transfer; Entries approving

such Applications; Proposed Certificates of Transfer

Claims against the Estate

Exceptions to Inventories and Accounts

Consents to Sell Real Estate with Waiver of Bond

Fiduciary Bonds

Motions and Entries setting such Motions for hearing

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Suggestions of Death

Affidavits and Entries Finding that a Person is One and the Same

Notification of Change of Address

Initial Application to Extend Time of Administration

Status Reports

Estate Tax Form 22 where no Ohio estate tax return is required

B. Guardianships

Inventories and Amended Inventories

Applications to Release Funds

Guardian's Reports Expert Evaluations

Attorney Fee Applications

Guardian Fee Applications

Guardian Bonds

Notifications of Change of Address

Motions and Entries setting such Motions for hearing

C. Trusts

Lists of Beneficiaries

Attorney Fee Applications

Trustee Fee Applications

Trustee Bonds

Inventory and Amended Inventories

Notifications of Change of Address

Motions and Entries setting such Motions for hearing

Requests for Notification

D. Adoptions; Because adoption proceedings are sealed by statute, subject to the

conditions as set forth in this Local Rule, the Court will accept the following filings relating to

adoptions through the U.S. Mail or other delivery services provided that the pleadings are

sealed in an envelope, that is prominently labeled "ADOPTION ² FILE UNDER SEAL":

Home Studies

Pre-Finalization Reports

Proofs of Service of Notice

Petitioners Final Account

Petitions for Identifying Information

Social and Medical History Updates

If a file-stamped copy of the pleadings, motions, applications and other filings is desired to

be returned to the sender, a copy of such pleadings and a self-addressed, postage pre-paid

envelope must be enclosed.

Any pleading, motion, application or other filing which is to be set for hearing must be

accompanied by the appropriate entry setting the matter for hearing. The Court will set such

matters for hearing at its sole discretion. A proposed entry for the Court's consideration must

accompany any pleading, motion, application or other filing that requires an entry.

Rule 57.5 RESERVED

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Rule 58.1 COURT COSTS

Deposits ordinarily 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. The Court accepts only the following methods

of payment of court costs: (1) Cash, (2) Money Order and Cashier’s Checks, (3) Law Firm

Checks and (4) Fiduciary Account Checks.

All pre-paid but unearned costs $100.00 or less upon final disposition of the case shall

automatically be refunded to the fiduciary as part of the fiduciary fee or applicant in non-estate case

types. If the case balance is over $100.00, those funds shall be distributed as any other estate

asset. The estate attorney shall check with the Court to determine the projected balance of

costs prior to final distribution.

Rule 58.2 WITNESS 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 law.

Rule 59.1 WILLS

The examination required by Rule 59(A) of the Rules of Superintendence for the Courts

of Ohio shall be completed before an application to admit a will to probate is filed.

If a will presented to probate contains alterations, interlineations or extraneous markings,

the admission of the will may be set for hearing pursuant to RC §2107.26.

All persons listed on Form 1.0 whose addresses are known shall be given Notice of

Probate of Will by certified mail unless such notice is waived. The fiduciary or other person

specified in section 2107.1 9(A)(4) RC shall provide an affidavit with regard to the names and/or

places of residence of those persons identified on Form 1.0 listed as unknown, stating they are

unknown and cannot with reasonable diligence be ascertained. The affidavit should set forth the

circumstances of the person’s name or residence being unknown and the efforts made to ascertain

such information. Notice by publication shall be required if the identity and/or address of

any next of kin and/or beneficiary is unknown, unless the Court otherwise orders.

Where the will names a living trust as a beneficiary, a copy of the trust shall be

displayed to the Court, however, it is not required to be filed with the Court.

Rule 59.2 WILL FOR DEPOSIT

Any will that is deposited with the Court for safekeeping pursuant to R.C.

2107.08 shall be accompanied by a completed Will for Deposit form (Form 102.00).

The Court will provide the depositor with a Certificate of Deposit of Will (Form 102.01)

as a receipt for the deposit of the will.

Rule 60.1 APPLICATION FOR AUTHORITY TO ADMINISTER ESTATE AND NOTICE

OF APPOINTMENT

The Court will not permit the appointment of Co-Administrators.

Any person filing an Application for Authority to Administer Estate shall give notice

thereof to the decedent's surviving spouse and to all next of kin unless such notice is waived.

This requirement shall not apply to applicants who are named in the decedent's will nor to an

applicant who is the decedent's surviving spouse. When the surviving spouse is the natural

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parent of all of the decedent’s children, only the surviving spouse is required to waive.

The notice shall contain the date, time and place of the hearing, and it shall be served in

accordance with Civil Rule 73 at least seven (7) days prior to the date set for hearing. For good

cause shown, the Court may permit notice to be served by ordinary mail. Evidence of such

notice shall be documented by the filing of an "Affidavit of Service".

Applications shall be set for hearing unless all waivers of notice have been

obtained.

Where the Application is for the appointment of a Special Administrator pursuant to RC

§2113.15, the Court in its discretion may waive or modify the notice requirements. Furthermore, the

Court in its discretion may set or waive a bond, it may limit the Special Administrator's powers, and

it may require the filing of expedited status report(s).

The examination required by Rule 59(A) of the Rules of Superintendence for the Courts of

Ohio shall be completed before an Application for Authority to Administer an estate is filed.

Any applicant who is not represented by an attorney may be required to display

photographic identification.

Upon the filing of an Application for Authority to Administer Estate, the applicant shall display

a copy of the decedent’s death certificate or other evidence of death acceptable to the Court. This

requirement may be waived by the Court for good cause shown.

Whenvever an applicant resides outside Clermont County, Ohio all estate assets shall

remain in Clermont County or an Ohio county contiguous thereto.

Rule 61.1 APPRAISERS AND APPRAISALS

Where the probate estate includes assets which are of a special or unusual character, the

fiduciary may appoint one or more qualified persons to appraise those assets.

All probate assets shall be included in the Inventory, however, assets whose value are

readily ascertainable need not be appraised.

With regard to real estate, the fiduciary may use the property's fair market value as

determined by the County Auditor for real estate tax purposes in lieu of a formal appraisal. The

County Auditor's value shall be documented by written evidence which shall be attached to

the Inventory.

With regard to household goods and other tangible personal property, no formal

appraisal shall be required unless the estimated value exceeds $5,000.00. Where the fiduciary

chooses to dispose of tangible personal property by public auction, the gross proceeds from the

auction may be used in lieu of a formal appraisal.

With regard to motor vehicles, the fiduciary may use values obtained from any

nationally recognized valuation guide.

Notwithstanding the foregoing, the Court may order a formal appraisal of any asset for

good cause shown. Such an order may be issued upon the Court's own motion or at the request of

any interested party.

Appraisals shall be made by licensed real estate agents, licensed real estate appraisers,

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licensed auctioneers, credentialed personal property appraisers, or such other persons who by

experience and training are qualified to make such appraisals. Furthermore, such appraisals

shall be in writing and shall include the appraiser's original signature.

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 of the estate, and (4) a person related by blood,

marriage or employment to the fiduciary of the estate.

No appraiser or broker shall be permitted to purchase or acquire, directly or

indirectly, any of the property he or she appraises, except at public auction.

The fiduciary or applicant shall certify on each appointment of appraiser that the

appraiser is a qualified and suitable person in accordance with this rule.

Rule 61.2 INVENTORY AND APPRAISAL

Prior to filing an Inventory, counsel shall examine the deed or deeds by which the

decedent is vested with title to the real estate being administered. Counsel shall further

examine the current records of the Clermont County Auditor and filings with the

Clermont County Recorder during the ten years immediately preceding his death for the

purpose of confirming the decedent's ownership interest therein. The cost of such

limited examination shall be deemed as part of attorney’s fees as determined in accordance

with

Local Rule 71 .1.

Upon filing an Inventory, the executor or administrator shall serve notice of the hearing

upon the decedent's next of kin in estates where the decedent died intestate, the beneficiaries of

the estate listed on Form 1.0 in estates where the decedent died testate, and attorneys of

record for such interested parties, unless notice of hearing is waived. Notice may be served by

ordinary mail or by personally delivering a copy of the notice to the person entitled to receive it.

Where the name or address of an interested party is unknown, and where prior notice by

publication for that person or class of persons has not already been made in the estate

proceedings, the fiduciary shall publish notice of the hearing once each week for three consecutive

weeks unless the Court otherwise orders. Evidence of notice shall be documented by the filing of

an "Attorney Certification" which sets forth the manner of service.

The administrator or executor shall send a copy of the Inventory and Appraisal to the

decedent's next of kin in intestate estates, the beneficiaries of the estate listed on Form 1.0 in

estates where the decedent died testate, and attorneys of record for all such interested parties.

This requirement may be modified or waived by the Court for good cause shown.

Upon discovering new probate assets, the fiduciary or his attorney shall file a Report of Newly

Discovered Assets (Form 39L). Real estate that is included in a Report of Newly Discovered

Assets shall be valued pursuant to Local Rule 61.1. Unless otherwise ordered by the Court,

Reports of Newly Discovered Assets shall not be set for hearing, and notice to

interested parties shall not be required.

Upon discovering that the Inventory contains any other error, the fiduciary shall file an

Amended Inventory. At the discretion of the Court, the Amended Inventory may be approved upon

filing, or may be set for hearing. If set for hearing, notice shall be given to all interested parties

unless waived.

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Consents to Power to Sell Real Estate (Form 11.0) shall not be filed prior to the filing

of an Inventory and must be accompanied by a Waiver of Bond on Consent to Sell Real Estate

(Form ES 11.A), unless there is already sufficient bond posted.

Rule 62.1 CLAIMS; INSOLVENCY; MEDICAID; SUPPORT ARREARAGE; RELEASE

FROM ADMINISTRATION; ADOPTION AND NAME CHANGE PROCEEDINGS

No estate, guardianship, or trust shall be closed until all claims filed with the Court

have been resolved. If a claim has been rejected, a copy of the rejection and the proof of

service shall be filed with the Court along with a certification that the claim is barred by

virtue of a failure to commence an action thereon.

When an estate appears to be insolvent, the fiduciary shall file a

Representation of Insolvency (Form 24.0), Schedule of Claims (Form 24.4) and

Judgment Entry Setting Hearing and Ordering Notice (Form 24.1). Thereafter the

fiduciary or attorney for the fiduciary shall serve Notice of Hearing on

Representation of Insolvency and Schedule of Claims (Form 24.2), with copies of

Form 24.0 and Form 24.4 attached, in accordance with the Judgment Entry Setting

Hearing and Ordering Notice. Before the hearing on the Representation of

Insolvency and Schedule of Claims, the fiduciary or attorney for the fiduciary shall file

Verification of Service Notice of Hearing on Representation of Insolvency and Schedule of

Claims (Form 24.3). A proposed Judgment Entry of Insolvency shall be presented at the

hearing.

The person responsible for the estate of a decedent subject to the Medicaid estate recovery

program instituted under section 5111.11 RC or the estate of a decedent who was the spouse of a

decedent subject to the medicaid estate recovery program shall file with the court and submit a

properly completed Medicaid Estate Recovery Reporting Form described in section 2117.061 RC

to the administrator of the said program not later than thirty days after the granting of letters

testamentary, the administration of the estate, or the filing of an application to release from

administration. The Court shall send a copy of the form to the Administrator of the Estate

Recovery Program, if required by law.

If the fiduciary has received written notification that a beneficiary has a child support

arrearage, no distributions shall be made to said beneficiary without a hearing before the Probate

Court and due notification of the appropriate Child Support Enforcement Agency (CSEA).

Notice by publication in a release from administration shall be required if the

identity and/or address of any next of kin and/or beneficiary is unknown, unless the

Court otherwise orders.

Applicants requesting a change of name of an adult shall execute and file with the

Court an Authorization for Release of Information (Form 271.00) expressly authorizing

the Clermont County Probate Court to obtain from Ohio Courts Network (OCN) and any

other law enforcement information system and any court system, current and previous

residences, civil and criminal history records, driving records, birth records, public

records or any criminal justice agency records that the applicant may have in any

federal, state, county, and municipal jurisdictions. A fully executed Form 271.00 shall be

filed with the application for change of name of adult

Applicants requesting a change of name of a minor shall execute and file with the

Court an Authorization for Release of Minor Information (Form 272.00) expressly

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authorizing the Clermont County Probate Court to obtain from Ohio Courts Network

(OCN), any other law enforcement information system and any court system, current

and previous residences, delinquency records, civil and criminal history records, driving

records, custody/visitation records, birth records, public records or any criminal justice

agency records that said minor may have in any federal, state, county, and municipal

jurisdictions. A fully executed Form 272.00 shall be filed with the application for change

of name of minor.

Petitioner(s) filing a petition for adoption of minor shall execute and file with the

Court an Authorization for Release of Information (Form 271.00) expressly authorizing

the Clermont County Probate Court to obtain from Ohio Courts Network (OCN) and any

other law enforcement information system and any court system, current and previous

residences, civil and criminal history records, driving records, birth records, public

records or any criminal justice agency records that the Petitioner(s) may have in any

federal, state, county, and municipal jurisdictions. A fully executed Form 271.00 shall

be filed with the Petition for Adoption of Minor.

Fees requested in a minor adoption proceeding in excess of $1,000.00 must be

accompanied by time records. Other than with prior Court approval, pursuant to a

showing of extraordinary circumstances, the maximum fee is $5,000.00. Fees

requested in an adult adoption proceeding in excess of $300.00 must be accompanied

by time records. Fees requested in a name change proceeding in excess of $300.00

must be accompanied by time records.

Rule 64.1 FIDUCIARY ACCOUNTS

Every account presented to the Court shall comply with the Rules of

Superintendence of the Courts of Ohio and shall be examined by the Clerk and shall include an

itemized statement of all receipts of the fiduciary, an itemized statement of all disbursements and

distributions made by the fiduciary referenced by number, an itemized statement of all funds,

assets, and investments on hand at the end of the accounting period, and, where real estate has

been sold, a copy of the closing statement bearing the signature of the fiduciary.

All fiduciaries must sign the account where multiple fiduciaries have been appointed, unless

otherwise ordered by the Court.

A partial account shall have an accounting period which ends not more than six (6) months

prior to the time it is presented, and it shall specify the number of the account using ordinal

numbers, e.g., First Partial Account.

When presenting an account for audit, the fiduciary shall provide copies of all bank

statements for the entire accounting period. In addition, the fiduciary shall provide documentation

showing the net proceeds from any sales of personal property. With regard to disbursements and

distributions made during the accounting period, fiduciaries shall provide vouchers or other proof

of payment. Acceptable vouchers or proofs shall include but not be limited to signed receipts,

invoices marked paid by the creditor, cancelled checks, bank statement entries regarding

electronic withdrawals, and check substitutes issued by financial institutions.

The fiduciary or his counsel shall comply with section 2109.32 RC and certify that a

copy of the account shall be provided to each heir of an intestate estate and each beneficiary of

a testate estate. Copies need not be served where the address of an heir or beneficiary is unknown

or in cases where the beneficiary of a specific bequest has received his or her distribution as

attested by a previous account filed in the proceedings.

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In the case of a Final Account, the executor or administrator shall give notice of hearing

to the following persons whose addresses are known: in the case of intestate estates to all

heirs and their counsel of record and in the case of testate estates to the residuary beneficiaries

and their counsel of record. When a will creates a charitable trust, notice of hearing shall be

afforded the Ohio Attorney General, Charitable Trusts Division.

Status Reports shall not be required unless mandated by Rule 78 of the Rules of

Superintendence for the Courts of Ohio or requested by the Court.

Where an heir or beneficiary is a minor, a guardianship must be established either in

Clermont County or elsewhere before any distribution is made unless the value of the distribution is

$25,000.00 or less and distribution may be made in conformity to section 2111.05 RC. The

Court may require the deposit of all sums of $25,000.00 or less in the Court’s depository and

generally such funds will not be available until the ward attains majority. Section 581 4.02(E) should

also be considered in the case of minor heirs or beneficiaries.

A guardian shall file a Partial Account annually. A guardian shall not be required to give

notice of hearings for Partial Accounts except in the case of Veteran's Guardianships where

notice shall be given to the Veteran's Administration. Unless waived, a guardian shall give notice

of the hearing on the Final Account to the following persons whose addresses are known: in

the case of an incompetent, to the Ward's next-of-kin, or in the discretion of the Court to the

fiduciary of the Ward's estate. In the case of a minor, to the Ward if the Ward has reached the

age of 16 years, otherwise to the Ward's next-of-kin. In all cases, to counsel of record for any

represented party.

With regard to accounts filed by trustees, Partial Accounts shall be rendered at least

biennially. When presenting an Account, the trustee shall file a current list of the names and

addresses of all persons interested in the trust. Unless waived, the trustee shall serve notice of the

hearing on an Account to the following persons whose addresses are known: all income

beneficiaries, counsel of record for any represented party, and the Ohio Attorney General,

Charitable Trusts Division for charitable trusts.

Service of notice of hearings for all accounts may be made by ordinary mail or by personally

delivering a copy of the notice to the person entitled to receive it. Evidence of notice shall be

documented by the filing of an "Affidavit of Service" which sets forth the manner of service.

If an account is not timely filed and no arrangement has been made for an extension of the

due date, a Citation to Appear shall be issued compelling the attendance of both the attorney

and the fiduciary.

Rule 64.2 SHOW CAUSE HEARINGS

A fiduciary and attorney who have been cited for a show cause hearing shall personally

appear. Counsel shall not appear in lieu of a cited fiduciary unless the Court grants leave for the

attorney to appear in that capacity.

Rule 65.1 LAND SALE PROCEEDINGS

In land sales proceedings, the Court will require a preliminary and final judicial report

pursuant to ORC Section 2329.191.

In land sales proceedings, the Court shall appoint one suitable and disinterested person

as appraiser. Compensation for such appraiser shall be determined by the Court.

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Rule 65 of the Rules of Superintendence for the Courts of Ohio shall be followed.

Counsel shall furnish to the Court a certificate of assurance that all sales proceeds have

been properly distributed in accordance with the closing statement.

All land sales that have not been concluded within nine (9) months from the date of

filing shall be set for a status conference. A written status report shall be filed at least seven

days prior to such status conference.

Attorney fees for real estate sold by judicial proceedings shall be collected and paid into the

Court as costs from the net sales proceeds. The guideline fee for attorney compensation shall

be set by the Court as follows:

The first $10,000.00 of the purchase price at the rate of 6%, the next $40,000.00 at a

rate of 4%, and all above $50,000.00 at the rate of 2%.

Rule 66.01 DEFINITIONS FOR A GUARDIANSHIP

The terms defined in Sup.R. 66.01 have the same meaning when used in Local

Rule 66. Due to the manner in which the Supreme Court of Ohio has numbered Sup.R.

66.01 through 66.09 by using 4 digits, all of this Court’s local rules pertaining to

Guardianships shall be similarly numbered.

Rule 66.02 APPLICATION OF GUARDIANSHIP RULES

Local Rules 66.01 through 66.19 and 73.1 and 73.2 apply to all guardianships

administered through this Court, unless otherwise indicated in the particular Local Rule,

or unless expressly waived by Court Order. The Court will not permit the appointment

of Co-Guardians.

Rule 66.03(A) EMERGENCY GUARDIANSHIPS

Pursuant to Ohio Revised Code Section 2111.02, if a minor or incompetent has

not been placed under a guardianship, and if an emergency exists and it is

reasonably certain that immediate action is required to prevent significant injury to the

person or estate of the minor or incompetent, at any time after it receives notice of

the emergency, the Probate Court, ex parte, may issue an order that it considers

necessary to prevent injury to the person or estate of the minor or incompetent, or

may appoint an emergency guardian for a maximum period of seventy-two hours.

Applications for emergency guardianship must be accompanied by a

completed Statement of Expert Evaluation (Form 17.1), along with a completed

Supplement for Emergency Guardian of Person (Form 17.1A) and a fully executed

Authorization for Release of Information (Form 271.00). Applications should also

contain any attachments or exhibits that may assist the Probate Court in determining

whether to grant an emergency guardianship.

Once the Application has been filed and the appropriate filing fee paid, the

Application and any accompanying materials will be reviewed by the Judge or

Magistrate. The Judge or Magistrate may, but is not required to, meet with the

applicant or attorney filing the Application.

An emergency guardianship will be granted only if there is reasonable certainty

that immediate action is required to prevent significant injury to the person or estate

of the individual. The Probate Court recognizes that an emergency guardianship

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should not be granted where another remedy may be appropriate.

If the Judge or Magistrate declines to grant an emergency guardianship, the

Probate Court may, in its discretion, schedule the matter on an expedited basis.

If the Judge or Magistrate approves the request for emergency guardianship,

the following will occur:

1. A Judgment Entry will issue granting emergency guardianship for a period of

seventy-two (72) hours.

2. A hearing will be scheduled within seventy-two (72) hours in order to determine

whether to extend the emergency order for up to thirty (30) days. Unless

otherwise waived by the Court, a physician shall personally appear at the

hearing to testify why it is reasonably certain that immediate action is required

to prevent significant physical injury to the person or the minor or the alleged

incompetent.

3. The person over whom the emergency guardianship is sought is the only

person required to be served with any notices required under R.C.

2111.02(B)(3), unless the Court requires notice to other persons. Due to the

short time constraints the law imposes in emergency guardianship

proceedings, the Court requires that all notices be served in person. If

necessary, the applicant must file an application for appointment of a special

process server, who must file a return of the service before expiration of the

initial 72 hour emergency guardianship period or within three Court Days after

filing of the entry granting an extension.

4. As soon as possible after the issuance of the emergency guardianship order, a

Probate Court Investigator will visit with the ward.

5. Following hearing, the Probate Court may extend the seventy-two (72) hour

emergency guardianship for a period not to exceed thirty (30) days, in which

case a Judgment Entry will issue.

Rule 66.03(B) GUARDIAN COMMENTS AND COMPLAINTS

This local rule is applicable to all guardians appointed by the Court pursuant to

R.C. 2111.02. Comments and complaints (hereinafter collectively referred to as

"complaints") received regarding the performance of guardians and the resulting

documents and correspondence are considered to be case documents and accessible

to the public, unless otherwise excluded pursuant to Superintendence Rule 44 (C)(2).

The Court will note actions with respect to the complaint in the case docket.

The Court will not accept or act upon an oral or telephonic complaint against a

guardian, other than to provide the address to which to hand-deliver, fax, or mail the

written complaint. The Court will not accept an anonymous complaint. When the

Court receives the written complaint regarding a guardian's performance, it will date-

stamp the complaint. Complaints received by fax on days the Court is closed shall be

deemed to have been received on the next day the Court is open.

Page 17

When a complaint is received at the Court by hand-delivery, fax, or mail:

(A) Within five (5) court days of receipt of the complaint the Court shall send a

letter to the complainant acknowledging the receipt of the complaint and

providing a copy of this rule. A copy of that letter, the complaint and the

rule shall be provided to the guardian and guardian’s counsel, unless

previously mailed.

(B) Within ten (10) court days of the mailing to the complainant, the Court shall

perform an initial review of the complaint after a study of the guardianship

case, and

(1) Send the complainant a letter dismissing the complaint as

unsubstantiated/unspecific/insufficient and send a copy of the

complaint and response to the guardian and guardian’s counsel; or

(2) Send a copy of the complaint to the guardian and guardian’s counsel

and request a response to the complaint within fifteen (15) court days

from the date of mailing. The forwarding letter shall advise the

guardian and guardian’s counsel that a failure to respond will result in

a show cause hearing being set with the attendance of the guardian

required. A copy of the forwarding letter shall be provided to the

complainant; or

(3) Notify the complainant, the guardian and guardian’s counsel and refer

the matter to the Court Investigator for an investigation and a report

within fifteen (15) court days from the date of referral; and/or

(4) When appropriate, refer the matter to the appropriate law enforcement

agency pursuant to R.C. 2101.26 if the complaint alleges abuse,

neglect, or exploitation of the ward. When the Court refers a

complaint to law enforcement, the Court will take such emergency

action as it determines necessary to protect the interests of the ward

while being cognizant of the need to have minimal impact on

investigation by law enforcement.

guardian or Court Investigator to be filed, or upon their earlier filing, the

case file (including the written response(s) and the complaint) shall be

submitted to the Magistrate and within fifteen (15) court days the Magistrate

shall do one or more of the following:

(1) Find the complaint to have been resolved or unsubstantiated and

advise the complainant, guardian and guardian’s counsel accordingly

by letter;

(2) Set a review conference or a show cause hearing with notice to the

complainant, the ward, the guardian and guardian’s counsel, and other

interested parties; or

(3) Appoint a guardian ad litem or attorney to represent the best interests

of the ward.

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Except when administratively dismissing a complaint or acting in an emergency, the

Court shall not act without a hearing. The Magistrate shall issue findings and

conclusions with respect to any hearing held on the complaint. The Court's

journalization relating to the Magistrate's Decision will close the complaint. The Court's

actions may include dismissal, directives for remedial action, establishing periodic

review dates, allocating costs and fees, referral to law enforcement for investigation,

sanctions, removal, and any other actions permitted by law.

When the ward is a veteran and the Court appointed the guardian under Revised

Code Chapter 5905, notice of the complaint, reports, hearings and actions shall be given

to the Administrator of Veterans Affairs of the United States pursuant to R.C. 5905.03.

All complaints, comments and disposition shall be kept within the Court file of the

ward where the guardian was appointed.

Rule 66.04 DURABLE POWER OF ATTORNEY

If the proposed ward has executed a valid durable power of attorney or durable

power of attorney for health care that remain in effect, the applicant must file true and

accurate copies of the powers of attorney with the application for appointment as

guardian. At the hearing, the applicant must present satisfactory evidence of why one

or both of the powers of attorney are ineffective in meeting the ward’s needs. The Court

establishes a rebuttable presumption that valid durable powers of attorney are less

restrictive alternatives to guardianship.

If the Court appoints the guardian, and the guardian is also the designated

ward’s agent under a valid durable power of attorney or durable power of attorney for

health care that remain in effect, the Court may order that one or both powers of

attorney are deemed terminated and void, or may order that one or both powers of

attorney remain valid and effective for purposes that the Court directs. If the guardian is

permitted to use either or both powers of attorney the guardian is accountable as may

be expressly ordered by the Court for all activities undertaken as agent under the

powers of attorney.

If the Court appoints the guardian, and the guardian is not the designated agent

under a valid durable power of attorney or durable power of attorney for health care, the

powers of attorney are automatically deemed terminated and void, unless the Court

orders otherwise.

Rule 66.05(A) GUARDIAN BACKGROUND CHECKS

An applicant for appointment as a guardian, including as an emergency guardian,

must submit to a civil and criminal record check satisfactory to the Court and execute and

file with the Court an Authorization for Release of Information (Form 271.00) expressly

authorizing the Clermont County Probate Court to obtain from Ohio Courts Network (OCN)

and any other law enforcement information system, any court system, current and previous

residences, civil and criminal history records, driving records, birth records, public records

or any criminal justice records that the applicant may have in any federal, state, county, and

municipal jurisdictions. A fully executed Form 271.00 shall be filed with the application for

appointment of guardian. In place of a civil and criminal background check, an Ohio

attorney applicant currently in good standing with the Supreme Court of Ohio, may obtain

and submit to the Court a Certificate in Good Standing with disciplinary information, issued

by the Supreme Court of Ohio.

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Rule 66.05(B) GUARDIAN WITH TEN OR MORE ADULT WARDS

To assist the Court in meeting its supervisory responsibilities under Sup.R.

66.05(B) and in satisfaction of the responsibilities arising under Sup.R. 66.08(H), by

January 31 of each year, a guardian with ten or more wards through the probate courts

of Ohio shall register with this Court on the local Multi-Guardian Annual Registration

Form, or on a standard form adopted for that purpose by the Ohio Supreme Court. The

registration shall include a listing of the guardian's wards, the case number and the

appointing Court. At all times, the guardian shall advise the Court of any change in

the guardian's name, address, telephone number and electronic mail address within

ten days of the change occurring.

If the guardian will be seeking compensation from the guardianship or from the

Court, the guardian shall accompany the annual registration with a fee schedule that

differentiates guardianship services fees as established by local rule from legal fees or

other direct services.

A guardian with 10 or more wards shall include with the Guardians Report form a

certification stating whether the guardian is aware of any circumstances that may

disqualify the guardian from continuing to serve as a guardian.

Rule 66.06 GUARDIAN FUNDAMENTALS TRAINING REQUIREMENT

A Guardian holds a unique role with respect to the ward and the Guardian has an

obligation to obtain an understanding of the fundamentals of that relationship.

Formalized training is one means to gain that competency.

Every guardian must meet the guardianship fundamentals training requirements

under Sup.R. 66.06 by completing prior to appointment or within six month thereafter, a

six-hour guardian fundamentals course provided by The Supreme Court of Ohio, or

with prior approval of this Court, another entity. Those failing to meet the requirement

shall be subject to citation for contempt of court and subject to sanctions including,

but not limited to imposition of a fine, denial of compensation, and removal. A guardian

who has served at any time after June 1, 2010, or who is serving on June 1, 2015,

shall have until June 1, 2016 to complete the guardian fundamentals course, unless

the Court waives or extends the requirement for good cause. The guardian is

responsible for providing to the Court in a timely manner documentation that establishes

compliance with the guardian fundamentals training requirement.

Rule 66.07 GUARDIAN ANNUAL CONTINUING EDUCATION

After completing the guardian fundamentals course, every guardian shall annually

complete a three-hour guardian continuing education course provided by the Supreme

Court of Ohio, or with prior approval of this Court, another entity.

If a guardian fails to comply with the guardian continuing education requirement, the

guardian shall not be eligible for further appointment until the requirement is met. The

guardian also may be subject to sanctions and/or removal.

By December 31 of the first calendar year after completing the guardian

fundamentals course, or its waiver by Court order, the guardian is responsible for

providing to this Court documentation demonstrating compliance with this guardian

continuing education requirement, including the title, date, location and provider of the

education, or a certificate of completion containing such information.

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Thereafter, by December 31

of each year, the guardian shall annually provide this

Court documentation detailing compliance.

Rule 66.08 GENERAL RESPONSIBILITIES OF THE GUARDIAN TO THE COURT

A. Orders, rules and laws. The guardian shall obey all orders of this Court and shall

perform all guardianship duties in accordance with the state and federal laws and

rules and this Court’s local rules as all of them may be effective during the

guardianship.

B. Pre-Appointment meeting. The person seeking to be appointed as the guardian is

expected to have met with the proposed ward at least once prior to appearing before

the Court for the hearing on the application, unless the Court has waived the pre-

appointment meeting for good cause.

C. Reporting abuse neglect or exploitation. If the guardian becomes aware of

allegations of abuse, neglect or exploitation of the ward, the guardian shall

immediately report the same to the appropriate law enforcement authorities, Adult

Protective Services, and the Court.

D. Limitation or termination of guardianship. A guardian shall seek to limit or

terminate the guardianship authority and promptly notify this Court if any of the

following occurs:

(1) A ward’s ability to make decisions and function independently has

improved;

(2) Less restrictive alternatives are available;

(3) A guardianship is no longer in the best interest of a ward;

(4) A ward has died; or

(5) A minor attains the age of majority.

A termination of a guardianship shall require notice to all persons designated in

R.C. 2111.04 and to any other individuals who received actual notice of the original

appointment of the guardian. It is the responsibility of the applicant for termination

to perfect service pursuant to Civ.R. 73 when a termination is requested. A

Certificate of Service with supporting documentation satisfactory to the Court must

be filed prior to the consideration of the application for termination.

E. Change of residence. A guardian appointed by this Court shall inform the Court

as to any change of address for either the guardian or the ward. This notification

must be made ten (10) days prior to the proposed address change. The Notice of

Change of Address (Form 200.20) may be used for that purpose, but it is not

required. If the ward's residence is changed, the reason for the change should be

indicated. Failure to notify the Court, under this rule, may result in the guardian’s

removal and/or the reduction or denial of the guardian's compensation.

The guardian shall not move the ward from Clermont County, Ohio or into a more

restrictive setting without prior Court approval, unless a delay in obtaining

Page 21

authorization for the change of residence or setting would affect the health and safety

of the ward.

F. Court approval of legal services and proceedings. The guardian of an indigent

ward shall not contract for the payment of legal services without the prior approval of

this Court. While a guardian is generally required to seek prior approval of this

Court before filing a suit for the ward, prior approval shall not be required when

the suit is filed in this Court.

G. Annual plan. Annually, the guardian of the person of an adult incompetent

shall file the Guardian’s Report (Form 17.7). Unless otherwise ordered by the

Court each Guardian’s Report for an incompetent shall be accompanied by a

Statement of Expert Evaluation (Form 17.1). If a physician or clinical psychologist

states as an Additional Comment on a Statement of Expert Evaluation, that it is

their opinion that to a reasonable degree of medical or psychological certainty that

the ward's mental capacity will not improve, the Court may dispense with the

filing of subsequent Statements of Expert Evaluation with the Guardian’s Report.

Pursuant to Sup.R. 66.08(G) the guardian of the person for an adult shall include

with the annual Guardian’s Report an addendum stating the guardian's goals and

plans for meeting the personal needs of the ward. The Court may request that the

guardian of the estate of an adult incompetent submit a report identifying the

guardian's goals and plans for financially meeting the ward's needs.

H. Reserved

I. Ward’s principal income. A guardian shall inform this Court and apply to terminate

the guardianship of the estate if the principal income of the ward is from

governmental entities, a payee for that income is identified, and no other significant

assets or income exist.

J. Reserved

K. Conflict of interest. The guardian shall avoid actual or perceived conflicts of

interest with the ward and endeavor to avoid the appearance of impropriety

(perceived self-serving, self-dealing or perceived actions adverse to best

interests decisions) when dealing with the ward's assets and needs. A potential

conflict for the guardian may arise if the guardian's immediate family (parent,

spouse, or child) is employed or contracted by the guardian. The guardian shall

disclose all conflicts to the Court in a clear and unequivocal manner. Doing so,

facilitates a determination whether the conflict can be mitigated or eliminated

through the use of a guardian ad litem, a limitation of the powers of the guardian, or

other actions. The Court may determine that waiver of the conflict is in the best

interest of the ward.

L. Identification of legal documents. Within three months of appointment, the

guardian of the person and/or the guardian of the estate shall file a list of all of the

ward's known important legal papers, including but not limited to estate planning

documents, advance directives, powers of attorney and the location of such

papers. If it becomes known to the guardian that such information has changed or

the existence of other important legal papers becomes known, the guardian shall report

Page 22

that new information to the Court in writing within thirty days of discovery. The

Guardian has a continuing duty of disclosure throughout the guardian’s service.

Rule 66.09 GENERAL RESPONSIBILITIES OF THE GUARDIAN TO THE WARD

A. Professionalism, character, and integrity. A guardian shall act in a manner

above reproach, including but not limited to avoiding financial exploitation, sexual

exploitation, and any other activity that is not in the best interest of the ward.

B. Exercising due diligence. A guardian shall exercise due diligence in making

decisions that are in the best interest of a ward, including but not limited to

communicating with the ward and being fully informed about the implications of the

decisions.

C. Least restrictive alternative. Unless otherwise approved by this Court, a guardian

shall make a choice or decision for a ward that best meets the needs of the ward

while imposing the least limitations on the ward’s rights, freedom, or ability to

control the ward’s environment. To determine the least restrictive alternative, a

guardian may seek and consider an independent assessment of the ward’s

functional ability, health status, and care needs.

D. Person-centered planning. A guardian shall advocate for services focused on a

ward’s wishes and needs to reach the ward’s full potential. A guardian shall strive to

balance a ward’s maximum independence and self-reliance with the ward’s best

interest.

E. Ward’s support system. A guardian shall strive to foster and preserve positive

relationships in the ward’s life unless such relationships are substantially harmful to

the ward. A guardian shall be prepared to explain the reasons a particular

relationship is severed and not in the ward’s best interest.

F. Communication with ward. (1) A guardian shall strive to know a ward’s

preference and belief system by seeking information from the ward and the ward’s

family and friends. (2) A guardian shall do all of the following: (a) Meet with the

ward as needed, but not less than once quarterly or as determined by this Court; (b)

Communicate privately with the ward; (c) Assess the ward’s physical and mental

conditions and limitations; (d) Assess the appropriateness of the ward’s current

living arrangements; (e) Assess the need for additional services; (f) Notify the

court if the ward’s level of care is not being met; and (g) Document all complaints

made by a ward and assess the need to report the complaints to this Court.

G. Direct services. Except as provided in Sup.R. 66.04(D), a guardian shall not

provide any direct services to a ward, unless otherwise approved by this court.

Unless a guardian is related to the ward by consanguinity (a blood relationship) or

affinity (kinship by marriage), the guardian shall not deliver the ward direct services,

as defined in Sup.R. 66.01(B), without approval of this Court.

H. Monitor and coordinate services and benefits. A guardian shall monitor and

coordinate all services and benefits provided to a ward, including doing all of the

following as necessary to perform those duties: (1) Having regular contact with all

service providers; (2) Assessing services to determine they are appropriate and

continue to be in the ward’s best interest; (3) Maintaining eligibility for all benefits;

and (4) Where the guardian of the person and guardian of the estate are different

Page 23

individuals, consulting regularly with each other.

I. Extraordinary medical issues. (1) A guardian shall seek ethical, legal, and

medical advice, as appropriate, to facilitate decisions involving extraordinary

medical issues; and (2) A guardian shall strive to honor the ward’s preferences and

belief system concerning extraordinary medical issues.

J. End of life decisions. A guardian shall make every effort to be informed about the

ward’s preferences and belief system in making end of life decisions on behalf of the

ward.

K. Caseload. A guardian shall appropriately manage the guardian’s caseload to

ensure the guardian is adequately supporting and providing for the best interest of

the wards in the guardian’s care.

L. Duty of confidentiality. A guardian shall keep the ward’s personal and financial

information confidential, except when disclosure is in the best interest of the ward or

upon order of the probate division of a court of common pleas.

Rule 66.10 GUARDIANSHIP OF MINORS

Proceedings for the appointment of a guardian of a minor shall be governed as

follows:

(A) A certified copy of the minor's birth certificate must be displayed to the Court

with the guardianship application. A copy will be made by the Court and

the original will be returned to the submitter.

(B) The Court will not establish a guardianship solely for the purpose of

school enrollment.

where another Court has jurisdiction over custody of the minor.

(D) When the minor has not been in Ohio for 6 months, the Court will not accept

for filing an Application for Guardianship unless it is alleged that the minor

has been (1) abandoned (no contact) by the parents for more than 90 days,

(2) has a medical emergency, or (3) the minor's "home state" has declined

jurisdiction. (See Ohio's Uniform Child Custody Jurisdiction Enforcement Act

— Chapter 3127).

(E) The guardian of a minor ward’s estate must demonstrate that the ward’s

parent(s) are unable to fulfill their responsibility to support the ward before

the Court will consider allowing an expenditure from the ward’s estate for the

purpose of the ward’s support, maintenance, medical care or education.

Rule 66.11 NEXT OF KIN FOR GUARDIANSHIP OF INCOMPETENT ADULTS

For purposes of completing the Next of Kin of Proposed Ward (Form 15.0), the

applicant, pursuant to R.C. 2111.01(E), shall identify and provide the address for any

person, whether or not an Ohio resident, who at that time would be entitled to inherit

from the proposed ward under the Ohio laws of intestacy and all known children of the

proposed ward.

Page 24

Rule 66.12 INVENTORY, FUND RELEASE, AND EXPENDITURES

Within three months of appointment, a guardian of the estate shall file an

inventory of the ward's assets and income. If the assets include real estate, a legal

description of the ward's real estate interest should accompany the Inventory. Funds in

the name of the ward shall not be released to the guardian without the approval of an

Application to Release Funds to Guardian (Form 15.6) or other specific court order.

All applications for release of funds shall specify the exact amount to be released, the

financial institution holding the fund, its address, and the person in whose name the

fund is held. The expenditure of funds by a guardian shall not be approved until a

Guardian's Inventory (Form 15.5) has been filed and an Application for Authority to

Expend Funds (Form 15.7) has been approved. None of the ward’s assets may be

accessed through an automated teller machine, debit card, or credit cards. Electronic

payment of routine and recurring expenses is permitted upon receiving approval of an

Application for Authority to Release Funds.

Rule 66.13 RESERVED

Rule 66.14 DEPOSIT OF WILL BY GUARDIAN

The guardian shall deposit ward's last will and testament with the Court for

safekeeping, if the will is in the possession of the guardian. If the ward's will is not in the

possession of the guardian, upon being advised of the location, the Court shall order the

holder to deposit the will with the Court for safekeeping.

Rule 66.15 POWERS OF ATTORNEY BY GUARDIAN PROHIBITED

The Court, through this Local Rule, exercises its discretion under R.C.

2111.50(A)(2)(c) and hereby prohibits a guardian appointed by the Court from executing

a power of attorney or any other document which purports to appoint an agent to execute

any of the duties or responsibilities imposed upon the guardian by law, rule, or order of the

Court, unless otherwise approved by a specific order of the Court.

Rule 66.16 RESERVED

Rule 66.17 INDIGENT WARDS

The applicant or the guardian must file with the Court an Affidavit of Indigency, if

the waiver of court costs is requested or payment of compensation from the Indigent

Guardianship Fund is requested. False affidavits are punishable by findings of

contempt, prosecution, or other sanctions.

Rule 66.18 VETERANS' GUARDIANSHIPS

Veterans' Guardianships are governed by R.C. Chap. 5905 and to the extent that

there are special rules established therein for veterans' guardianship, those rules

shall apply. In every other respect, the general guardianship laws and rules shall apply.

For all guardianship proceedings wherein the proposed ward is receiving income

from the Department of Veterans Affairs, the VA shall be a necessary party, entitled to

notice and copies of all initial pleadings, all applications for attorney and guardian fees,

applications for authority to expend funds for an extraordinary expenditure, and the

annual and final accountings. All notices to the Department of Veterans Affairs shall be

sent by the guardian and not the Court.

The Court shall supply the guardian or the attorney for the guardian, at no cost,

Page 25

certified copies of any of the pleadings filed in the proceedings, for submission to the

Department of Veterans Affairs.

All Applications for guardian’s compensation or attorney’s fees shall be set for

hearing, and notice shall be given to the Department of Veterans Affairs, unless a

Waiver or Consent is obtained.

Rule 66.19 ADDITIONAL COST DEPOSIT

Pursuant to RC 2111.031 and in addition to the basic cost deposit, the Court may

require an Applicant for a guardianship to make an advance cost deposit in an amount

the Court determines necessary (a) to defray the anticipated costs of examinations of an

alleged incompetent, and (b) to cover the fees and costs to be incurred to assist the Court

in deciding whether a guardianship is necessary.

Rule 67.1 ESTATES OF MINORS NOT EXCEEDING TWENTY-FIVE THOUSAND

DOLLARS

An application relating to funds of a minor shall be captioned in the name of the minor.

Unless otherwise ordered by the Court, funds of a minor shall be deposited in the Court’s

depository in the sole name of the minor, with principal and interest compounded, until the minor

attains the age of majority.

Rule 68.1 SETTLEMENT OF CLAIMS FOR INJURIES TO MINORS

An application for settlement of a minor's claim that exceeds twenty-five thousand dollars

($25,000.00) shall be brought by the guardian of the estate. If the net amount of the claim for

injuries does not exceed twenty-five thousand dollars ($25,000.00), the application shall be

brought by the parent(s) of the child or the person having custody of the child.

The application for settlement shall be set for hearing before the assigned magistrate. The

applicant as well as the minor shall personally appear at the hearing unless otherwise waived

by the Court. An application for approval of settlement of claim for injuries to a minor shall be

accompanied by a current statement of the examining physician with respect to the injuries sustained,

the extent of the recovery, and the physician's prognosis. Said statement shall be made within 90

days of the filing of the application for approval. If the gross amount of the settlement for injuries

does not exceed ten thousand dollars ($10,000.00) then the requirement of a physician's

statement is waived.

A copy of the proposed release of claims shall be attached to the application for

approval of settlement of claims for injuries to a minor.

Rule 68.2 Structured Settlements

Application for structured settlements exceeding $100,000.00 shall include an affidavit

from an independent certified public accountant or other competent professional, specifying the

present value of the settlement and the method by which that value was calculated.

If the parties involved in claims desire to enter into a structured settlement, defined as a

settlement wherein payments are made on a periodic basis, the following rules shall also apply:

If the settlement is to be funded by an annuity, the annuity shall be provided by an annuity

carrier who meets or exceeds the following criteria:

The annuity carrier must be licensed to write annuities in Ohio and, if affiliated with the

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liability carrier or the person or entity paying the settlement, must be separately capitalized,

licensed and regulated and must have a separate financial rating.

The annuity carrier must have a minimum of $100,000,000.00 of capital and surplus, exclusive

of any mandatory security valuation reserve.

The annuity carrier must have one of the following ratings from at least two of the following

rating organizations: (1) A.M. Best Company: A++, A+, or A, (2) Moody's Investors Service

(Financial Strength): Aaa, Aa1 , or Aa2, (3) Standard & Poor's Corporation (Claims Paying/Solvency):

AAA or AA, and (4) Fitch Ratings: AAA, AA+, or AA.

In addition to the requirements immediately above, an annuity insurer must meet any other

requirement the Court considers reasonably necessary to assure that funding to satisfy

periodic-payment settlements will be provided and maintained.

A qualified insurer issuing an annuity contract pursuant to a qualified funding plan under

these rules may not enter into an assumption reinsurance agreement for the annuity contract

without the prior approval of the Court, the owner of the annuity contract and the claimant

having the beneficial interest in the annuity contract. The Court will not approve assumption

reinsurance unless the re-insurer is also qualified under these rules.

The annuity insurance carrier and the broker procuring the policy shall each furnish the Court with

an affidavit certifying that the carrier meets the criteria set forth above as of the date of the

settlement and that the qualification is not likely to change in the immediate future. The broker's

affidavit shall state that the determination was made with due diligence based on rating information

which was available or should have been available to an insurance broker in the structured

settlement trade.

If the parties desire to place the annuity with a licensed insurer in Ohio that does not

meet the above criteria, the Court may consider approving the same, but only if the annuity

obligation is bonded by an independent insurance or bonding company, licensed in Ohio, in the

full amount of the annuity obligation. The application shall include a statement of the actual cost to

the defendant of the settlement, the actual cost shall be used to fix and determine attorney’s

contingency fees.

Rule 68.3 Sale of Structured Settlement Payments

All applications for approval of sale of structured settlement payments shall be filed

and set for hearing.

The application shall include a statement of the income, living expenses, and other financial

obligations of the person desiring to sell the structured settlement payments as well as a detailed

statement as to how the sale proceeds will be applied and/or utilized by the applicant.

Rule 70.1 Settlement of Claims For Wrongful Death

When opening an estate for the sole purpose of pursuing a claim for the wrongful death

of the decedent, Application to Appoint Fiduciary Without Bond, Waive Filing of Inventory and

Accounts (Form ES4.2A) must be filed to determine, at the court’s discretion, if the fiduciary

must be bonded.

All applications to settle claims for wrongful death shall be set for hearing. All interested

parties to the distribution of the net proceeds of the settlement shall be listed by name, residence,

and relationship to the decedent on the proposed entry approving settlement or distributing

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wrongful death proceeds.

Interested parties shall be those persons described in section 2125.02(A)(1) RC and shall

include not less than two degrees of kinship as computed by the Civil Law.

When the Court is called upon to endorse an agreed entry of distribution or to adjust the

shares of distribution, notice to or consents from those interested parties designated above

shall be required.

The applicant is required to appear at the hearing regarding an application to approve a

wrongful death settlement or proposed distribution. An applicant shall have 30 days following

approval in which to file the report of distribution unless otherwise ordered by the Court. The

report of distribution shall be approved only after appropriate vouchers are presented.

Attorney fees for completing probate work in having a wrongful death settlement

approved shall be paid from the contingent fee.

Rule 71.1 Attorney Fees in Decedent's Estates

Attorney fees are governed by the Rules of Professional Conduct and the Rules of

Superintendence adopted by the Supreme Court of Ohio. The Court has the ultimate

responsibility and authority to review attorney fees in decedent's estates as required by such

rules.

Counsel shall enter into a dated written fee agreement with the fiduciary no later than 30

days after the Inventory & Appraisal is approved by the Court. The fee agreement shall contain an

estimate of the total fee for the ordinary administration of the decedent's probate estate. A copy

of the fee agreement shall be provided to any residuary beneficiary of the probate estate upon

request.

Attorney Fees for the administration of a decedent's probate estate shall be paid at the

time the fiduciary’s final account or certificate of termination is prepared for filing with the Court,

and such fees shall not be paid prior to two weeks before the filing of the fiduciary's final

account or certificate of termination.

The Court may, upon application and for good cause shown, approve an Application for Partial

Payment of Attorney Fees without a hearing prior to the time the fiduciary's final account is filed with

the Court. In all such cases, the application must state the total amount of the attorney fees and

any anticipated extraordinary fees estimated to be requested for the complete administration

of the decedent’s probate estate. Ordinarily, partial attorney fee requests should not exceed

50% of the total amount of the attorney fees estimated to be requested for the complete

administration of the decedent's probate estate.

When multiple attorneys have been retained by the fiduciary or fiduciaries for the probate

estate, or when it is anticipated that attorney fees will be paid to more than one attorney or law firm,

all fee requests shall be considered by the Court simultaneously.

If counsel requests a fee within the guideline set forth below and the amount is

$3,500.00 or less, an Application to Approve Attorney Fees (Form 10.5) signed by the attorney and

fiduciary shall be filed, and the consents of residuary beneficiaries or other parties affected by the

payment of the fee shall not be required and the fiduciary may pay such fees to counsel.

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If counsel requests a fee within the guideline set forth below and the amount exceeds

$3,500.00, an Application to Approve Attorney Fees shall be filed (Form 10.5). If the fiduciary

and all residuary beneficiaries and other parties affected by the payment of the fee consent in

writing on Form 10.5, such application will be approved and the fiduciary may pay such fees to

counsel.

If counsel requests a fee within the guideline set forth below and the amount exceeds

$3,500.00, but all of the residuary beneficiaries of the probate estate and all other parties affected

by the payment of said fees have not consented in writing to the payment of such fee, an

Application to Approve Attorney Fees (Form 10.5) signed by the fiduciary or attorney and supported

by the attorney's time records shall be filed with the Court. It is within the discretion of the Court

whether such application will be formally set for hearing. If a hearing is set, notice of the hearing

shall be given to all residuary beneficiaries of the probate estate and all other parties

affected by the payment of said fees.

If counsel requests a fee that is not within the guideline set forth below, an Application to

Approve Attorney Fees, (Form 10.5), signed by the attorney and fiduciary and supported by the

attorney’s time records for all services, including time for services both within and outside of the

guideline shall be filed with the Court. If all of the residuary beneficiaries of the probate estate and

all other parties affected by the payment of said fees have consented in writing to the payment

of such fee, the application may be approved or set for hearing at the Court’s discretion. If all of the

residuary beneficiaries of the probate estate and all other parties affected by the payment of said

fees have not consented in writing to the payment of such fee, the application shall be set for a

hearing. Notice of the hearing shall be sent to all interested parties and their counsel.

Attorney fees for the administration of an Ohio resident decedent's probate estate as set forth

below may serve as a guide in determining fees to be charged to the probate estate for legal

services of an ordinary nature rendered as attorney for the fiduciary in the administration of an

Ohio resident decedent's probate estate. The Court does not have, nor is there recognized, any

minimum or maximum fees that will automatically be approved by the Court.

Misrepresentation of this guideline may result in sanctions, including the disapproval of or partial or

total disgorging of attorney fees.

Attorney fees calculated under this guideline, which are also deemed to be

compensation for any expenses incurred by counsel for the filing of forms and pleadings,

shall be rebuttably presumed to be reasonable:

A. On all personal property, gross sale price of real estate, and income

subject to administration, as follows:

For the first $50,000.00 at a rate of 5.5%;

All above $50,000.00 and not exceeding $100,000.00 at the rate of 4.5%;

All above $100,000.00 and not exceeding $400,000.00 at the rate of 3.5%;

All above $400,000.00 at the rate of 2.0%.

B. On all real property subject to administration not sold and passing to a

surviving spouse at the rate of 1%.

C. On all other real property subject to administration not sold:

For the first $200,000.00 at a rate of 2.0%;

All above $200,000.00 at a rate of 1.0%.

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D. All other property, which is includable on an estate tax return or that

passes outside of probate as a result of the decedent’s death, excluding life insurance

which is not payable to the estate, at the rate of 1% of all such property, except for joint

and survivorship property that passes to a surviving spouse which shall be

compensated at the rate of ½ of 1%.

E. For real estate sold by judicial proceedings, the attorney fees shall be calculated in

accordance with Local Rule 65.1 and may be in addition to the amount calculated under the

paragraph above.

Where the fiduciary is also the attorney for the estate, or if the attorney for the estate is

associated with the fiduciary's law firm on the date the fiduciary is appointed, reasonable attorney

fees shall be rebuttably presumed to be one-half of the guideline amount as set forth above. This

paragraph shall not apply if the fiduciary fee is waived.

Attorney fees for services rendered in an estate relieved from administration that are within the

guidelines set forth above for full estate administration shall be approved up to $1,500.00 with the

consent of the applicant; provided, however, that an attorney fee of $750.00 or less which

is listed as a debt on Form 5.1 will be deemed approved upon the filing of Form 5.6.

Fee requests that exceed $1,500.00, but are within the guidelines set forth above for full

administration, shall be made by a written application signed by the attorney and applicant and

supported by the attorney’s time records. Whether or not all parties affected by the payment of

fees in excess of $1,500.00 have consented in writing thereto, the application may be approved or set

for hearing at the Court’s discretion.

An attorney fee of $500.00 or less shall be deemed approved upon the filing of an

Application for Summary Release from Administration signed by the attorney and the

applicant.

Except for good cause shown, attorney fees shall not be allowed to attorneys

representing fiduciaries who are delinquent in filing the accounts required by RC Section 2109.30,

et seq.

Rule 71.2 Contingent Fees

If the contingent fee agreement does not exceed 33 1/3% of the recovery, or 40% if an

appeal is taken, no application for approval of the agreement need be filed and ratification of the

contingent fee agreement may be done at the time of settlement. Should a proposed fee

agreement exceed these amounts, prior to entering into any such contingent fee agreement, a

fiduciary shall file an application with the Court for authority to enter into such fee agreement. A

copy of the proposed fee agreement shall be attached to the application. All contingent fees are

subject to review and approval by the Court at the time of settlement, notwithstanding the fact that

the Court previously approved a fiduciary's application for authority to enter into a

contingent fee agreement.

Rule 72.1 Executor's and Administrator's Commissions

Unless authorized by the Court, extraordinary fiduciary commissions shall not be awarded

for travel expenses that would not have been incurred but for the fact that the fiduciary resides

outside of Clermont County.

In cases where extraordinary executor or administrator’s fees are requested

involving multiple fiduciaries and separate fee applications will be filed by more than one

fiduciary, all fee requests shall be considered by the Court simultaneously.

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Rule 73.1 GUARDIAN'S COMPENSATION

Compensation for services as guardian of the estate shall be allowed not more

frequently than annually, upon application and entry, and shall be supported by

calculations and documentation. The following schedule shall apply as a guideline,

unless extraordinary compensation is requested:

For the first $200,000.00 of income 3.0%;

For the first $200,000.00 of expenditures 3.0%;

For expenditures in excess of $200,000.00 2.0%;

Upon the fair market value of the principal 0.2%.

A guardian of an estate shall be permitted a minimum annual fee of $500.00.

Balances carried forward from one accounting period to another shall not be

considered income. Investment of funds shall not be considered expenditures. Final

distribution of unexpended balances to a ward at the close of a guardianship shall be

considered as expenditures.

For purposes of computing a guardian's compensation as herein provided, the

fair market value of the principle shall be determined by the guardian as of the last day

of the month the guardian is appointed and annually thereafter, or such other date the

Court may approve upon application. The compensation so determined may be charged

during the ensuing year. The annual principle valuation shall be adjusted from time to

time to reflect additions to and withdrawals from the principle of the estate, and the

compensation for the remaining portion of the annual period shall be similarly adjusted

to reflect such revised valuation.

When a guardian is applying tor compensation as guardian of the person, the

guardian shall consider the factors set forth in Sup.R. 73. The application for

compensation should address each applicable factor (itemization of expenses,

additional compensation, apportionment of the aggregate compensation between co-

guardians and denial or reduction). All applications for compensation as guardian of the

person shall contain a good faith estimate of the number of hours expended by the

guardian during the period covered by the fee application.

The compensation of co-guardians, when separate parties are appointed as

guardian of person and guardian of the estate shall not exceed the compensation that

would be allowed to one guardian. In the event co-guardians cannot agree on the

division of the compensation, the Court shall determine an equitable allocation of any

guardian compensation awarded.

Compensation for services as guardian of an indigent ward may be paid from the

indigent guardianship fund. Before payments will be approved from the indigent

guardianship fund an Affidavit of Indigency must be filed in the case. The maximum

hourly rate for compensation paid from the indigent guardianship fund is the hourly rate

established for payments made to assigned counsel and guardians ad litem in the

Juvenile Division of this Court, unless otherwise ordered in a particular case. Time shall

be reported in tenths of an hour (6 minute increments). In no case shall guardian’s

compensation be paid from the county indigent guardianship fund where the guardian is

related by blood or marriage to the ward or where the guardian or his/her employer

receives compensation from third parties for guardianship services.

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Rule 73.2 ATTORNEY’S FEES FOR GUARDIANSHIP ADMINISTRATION

A written application for the allowance of attorney fees for guardianship administration,

signed by the attorney and fiduciary and supported by the attorney’s time records, shall be

filed with the Court. Attorney fees may be requested following the filing of the Guardian’s Inventory

and annually thereafter. An attorney fee of $1,000.00 for services rendered through the filing of the

Inventory and a fee of $1,500.00 for services relating to the filing of the annual account shall be

rebuttably presumed to be reasonable.

Except for good cause shown, neither compensation for a guardian, nor fees to the attorney

representing such guardian, will be allowed while such guardian is delinquent in filing an

inventory, account, or Guardian's Report. The Court may deny or reduce compensation if there

is such a delinquency or failure to faithfully discharge the duties of fiduciary.

Rule 74.1 TRUSTEE’S COMPENSATION

Except where the instrument creating the trust makes provision for compensation, the

annual fee charged by a trustee appointed by this Court for ordinary services performed in

connection with the administration of each separate trust estate shall not exceed the following:

An amount to be computed on the fair market value of the principal of the trust property

in accordance with the following schedule:

$14.00 per $1,000.00 on the first $1,000,000.00;

$11.00 per $1,000.00 on the next $2,000,000.00;

$ 9.00 per $1,000.00 on the next $2,000,000.00;

$ 7.00 per $1,000.00 on the balance.

The trustee may charge a minimum fee of $1,500.00 annually.

Such compensation shall be charged one-half to income and one-half to principal, unless

otherwise provided in the instrument creating the trust or applicable law.

For the purpose of computing the trustee’s compensation as herein provided, the fair market

value of the principal of the trust property shall be determined by the trustee as of the last day of

the month of the original receipt by the trustee of the trust property and annually thereafter, or

such other date the Court may approve upon application. At the option of the trustee, fee

valuations may be made on a monthly or quarterly basis, each valuation to be coordinated with

the original annual valuation date as selected by the trustee. If this option is selected by the

trustee, the trustee must continue to compute the fee on the monthly or quarterly valuation basis,

unless approved by the Court upon application.

Additional compensation for extraordinary services may be allowed upon application. The

Court may require that the application be set for hearing and notice thereof be given to interested

parties in accordance with Civil Rule 73(E). The notice shall contain a statement of amount

of the compensation sought.

The compensation of co-trustees in the aggregate shall not exceed the compensation

which would have been payable if only one trustee had been acting, except in the following

instances:

Where the instrument under which the co-trustees are acting provides otherwise; or where

all the interested parties have consented in writing to the amount of the co-trustees’ compensation,

and the consent is endorsed on the co-trustees’ account or evidenced by separate

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instrument filed therewith.

A separate schedule of the computation of trustee’s compensation shall be shown in the

trustee’s account as a condition of its approval.

Except for good cause shown, neither compensation of a trustee nor fees to the counsel

representing the trustee will be allowed while the trustee is delinquent in filing an account required

by RC 2109.303.

Every corporate trustee shall provide the Court with a copy of its fee schedule by the 1st day of

January of each year. Corporate trustee shall also immediately provide the Court with a copy of

any revisions made during the year.

Rule 74.2 ATTORNEY FEES FOR TRUST ADMINISTRATION

An application for the allowance of attorney fees for testamentary trust administration

shall have attached thereto an itemized statement of the services performed, the date services were

performed, the time spent in rendering the services and the rate charged per hour. Attorney

fees shall be approved no more frequently than annually and only in connection with the

filing of an account.

Rule 75.1 LOCAL RULES (SPECIAL PROVISIONS)

A. APPLICATION OF LOCAL RULES

These Local Rules shall be applied prospectively as to all proceedings commenced on or

after the effective date hereof.

B. OMISSION/REDACTION OF PERSONAL IDENTIFIERS

The following rule shall apply, except with respect to documents that the Court

maintains under seal pursuant to law:

When submitting a case document to a court or filing a case document with a

clerk of court, a party to a judicial action or proceeding shall omit personal identifiers, as

that terms is defined in Sup. R. 44, from the document. The last four digits of social

security numbers and the last three digits of financial account numbers may be

included.

Redacted or omitted personal identifiers shall be provided to the Court or clerk

only as required by law or upon request by the Court or to a party by motion. Redacted

or omitted personal identifiers shall be filed on a separate form under seal. Form

270.00 shall be used for this purpose.

The responsibility for omitting personal identifiers from a case document

submitted to a court of filed with a clerk of court pursuant to this rule shall rest solely

with the party. The court or clerk is not required to review the case document to confirm

that the party has omitted personal identifiers.

C. EVIDENCE OF TRUST

When a beneficiary of a decedent’s estate is a trust, the fiduciary or counsel shall present

evidence to the Court of the existence of the trust and the identity of the trustee no later than the

filing of the entry approving inventory or the entry relieving the estate from administration.

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A photocopy of the executed trust or a memorandum of trust shall be sufficient for this

purpose.

D. GUARDIAN AD LITEM

In accordance with section 2111.23 RC, the court shall appoint a guardian ad litem to

protect the interests of a minor child or incompetent adult in a court proceeding when:

(1) The minor child has no parents, guardian, or legal custodian or the incompetent adult

has no guardian;

(2) The interests of the minor child or incompetent adult and the interests of the parent,

guardian, or legal custodian may conflict;

(3) The parent of the minor child is under eighteen years of age;

(4) Appointment is otherwise necessary to meet the requirements of a fair hearing.

When the guardian ad litem is an attorney admitted to practice in this state, the guardian

may also serve as counsel to the ward, providing no conflict between the roles exist.

The party initiating the court proceeding in which a guardian ad litem is required shall suggest to

the court arrangements for the compensation of the guardian ad litem. This shall be done at the

time of the application for appointment and an appropriate order regarding compensation

shall be incorporated in the entry of appointment.

A guardian ad litem shall be entitled to minimum compensation of $250.00.

Compensation in excess of this amount shall be based upon the time and value of services to the

ward and shall be subject to approval of the court at the time the matter comes on for final

determination.

RULE 78.1 CASE MANAGEMENT IN DECEDENT ESTATES, GUARDIANSHIPS AND

TRUSTS

A. Each fiduciary shall adhere to the statutory or court-ordered time period for filing the

inventory account, and if applicable, guardian’s report. The citation process set forth in section

2109.31 of the Revised Code shall be utilized to ensure compliance. The attorney of record

and the fiduciary shall be subject to the citation process. The court may modify or deny

fiduciary commissions or attorney fees, or both, to enforce adherence to the filing time

periods. If a decedent’s estate must remain open more than six months pursuant to

RC 2109.301 (B)(1), the fiduciary shall file an application to extend administration.

(Standard Probate Form 13.8).

B. An application to extend the time for filing an inventory, account, or guardian’s report

shall not be granted unless the fiduciary has signed the application.

C. The fiduciary and the attorney shall prepare, sign, and file a written status report with the

court in all decedent’s estates that remain open after a period of thirteen months from the date of

the appointment of the fiduciary and annually thereafter. At the court’s discretion, the fiduciary

and the attorney shall appear for a status review.

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D. The court may issue a citation to the attorney of record for a fiduciary who is delinquent

in the filing of an inventory, account, or guardians’ report to show cause why the attorney should not

be barred from being appointed in any new proceeding before the court or serving as attorney of

record in any new estate, guardianship, or trust until all of the delinquent pleadings are filed.

E. Upon filing of the exceptions to an inventory or to an account, the exceptor shall

cause the exceptions to be set for a pretrial within thirty days. The attorney and their clients,

or individuals if not represented by an attorney, shall appear at the pretrial. The trial shall b set

as soon as practical after pretrial.

The Court may dispense with the pretrial and proceed directly to trial.