Logan County Court of Common Pleas, Ohio
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- Motions for continuances must be submitted in writing with adverse parties’ approval three days before the scheduled hearing, unless good cause is shown and supported by affidavit.
Page & Word Limits1 rule
Any facsimile in excess of 10 pages/ or sent out by Court Staff.
- Facsimile
- Up to 10 pages
Document Format Requirements2 rules
Computer generated forms must comply with the specifications and format outlined by the Rules of Superintendence.
No copied microfilm filings will be accepted that will not make a clear copy after being microfilmed by our county.
Document Filing Requirements63 rules
Defense counsel must ensure all required ILC materials are in the court file by noon on the Friday before the final hearing.
Court's wording
Mandatory Requirements To Obtain Grant of Motion for ILC – To obtain a grant of a motion for ILC, defense counsel must ensure the following items are in the Court's file by 12 PM on the Friday before the final hearing:
The release of information should be completed no later than during the preliminary hearing on the motion for ILC. It is defense counsel's obligation to ensure that a proper release of information form is completed and provided to the Court.
A speedy trial waiver. The speedy trial waiver should be completed no later than during the hearing on the preliminary motion for ILC. It is defendant counsel's obligation to ensure that a proper speedy trial waiver is completed and provided to the Court.
It is the obligation of defense counsel to verify by 12 PM on the Friday before the final hearing on the motion for ILC that all items listed in this entry are in the Court's file.
All ILC evaluator's must be approved by the Court prior to the final hearing on the motion for ILC.
To obtain Court approval, an ILC evaluator must provide the Court with a contact person's name, direct phone number, and email.
Court's wording
To obtain approval, the ILC Evaluator must provide the Court with the following: (a) the name of a contact person working at the ILC Evaluator; and (b) the direct phone number and email of the contact person so that Beckie Schmelzer or another member of the Court's staff can make contact immediately with the contact person if necessary.
The ILC Report should include an incident-facts summary, the defendant’s assessed diagnosis, a specific description of the intervention programming, and enough information to address the listed substance-use or behavioral-factor and compliance questions; it need not include every supporting question or response.
Court's wording
At a minimum, the ILC Report should contain: ✓ A summary of the incident facts that the Evaluator is using in determining whether drug or alcohol usage was a factor leading to the criminal offense or the mental illness or intellectual disability was a factor leading to the defendant's criminal behavior. ✓ The Defendant's Assessed Diagnosis ✓ A non-generic or non-boilerplate description of the programming formulated for the defendant's intervention plan. ✓ It is not necessary to provide the Court or parties with every question, response or memorialization used to support the Assessment and Intervention Plan. The prosecutor, defense attorney and Court just require sufficient information to be able to answer: ✓ Whether drug or alcohol usage was a factor leading to the criminal offense or the mental illness or intellectual disability was a factor leading to the Defendant's criminal behavior ✓ Whether the Defendant is willing to comply with all terms and conditions of court orders, including faithful attendance to, and engagement in, treatment programming.
The provider or credentialed professional must give defense counsel a written assessment in time for counsel to provide it to the Court by the Friday before the final ILC hearing; the evaluator may also provide a courtesy copy, but that does not shift counsel’s obligation.
Court's wording
The community addiction services provider or the properly credentialed professional shall provide a written assessment to the defendant's counsel in a timely manner so that the defendant's counsel can provide the assessment to the Court by the Friday prior to date of the final hearing on the motion for ILC. The ILC Evaluator also may provide a courtesy copy of the assessment to Beckie Schmelzer at the Court, but nothing herein shall be interpreted as shifting the obligation to obtain and provide the assessment from defendant's counsel to Beckie Schmelzer or anyone else at the Court.
The filing party; pursuant to Sup. R. 45 (D) (1) and (3) is solely responsible for assuring that the personal identifiers are omitted.
The following caption shall be used, respectively, on all forms in probate proceedings: LOGAN COUNTY FAMILY COURT PROBATE DIVISION DAN W. BRATKA, JUDGE KIM KELLOGG-MARTIN, JUDGE
- Document
- Probate form
- Placement
- Caption
The following caption shall be used, respectively, on all pleadings and motions: IN THE COMMON PLEAS COURT OF LOGAN COUNTY, OHIO FAMILY COURT – PROBATE DIVISION
- Document
- Pleading and motion
- Placement
- Caption
"Personal Identifiers" as defined by Sup. R. 44 (H), Court Records must be omitted from all case documents that are filed with this Court.
Continuance or extension requests for inventories and accountings must show the fiduciary’s approval by signature or another means, including telephonic or written communication.
Court's wording
Continuances or requests for extensions of time for filing inventories and accountings in estates, guardianships, and trust proceedings said continuance requests must contain the signature of fiduciary indicating the approval of the fiduciary, or such approval may be shown by other means such as, including but not limited to telephonic and/or written communication.
When a next of kin takes per stripes, the name of the deceased parent and the parent's relationship to the decedent shall be stated on the standard probate form 1.0.
A due-diligence affidavit must describe steps and procedures that would be expected to locate an individual’s address using available resources.
Court's wording
In interpreting the definition of "due diligence" the Court shall require an affidavit to be filed with steps and procedures that an individual would expect to be successful in locating an address of an individual by using available resources.
The judgment entry submitted shall contain either proof of service to opposing counsel or indicate approval of opposing counsel.
A facsimile filing must include a cover sheet with the specified court, case, transmission, page-count, and sender information.
Court's wording
If a document is sent by facsimile to the Logan County Probate Court for filing it must be sent with a cover sheet that includes: Name of Court, title of case, case number, title of documents being filed, date of transmission, transmitting fax number, indication of number of pages in facsimile, name and address of sending party.
Every pleading, filing or other documents by law or rule requiring the fiduciary's signature shall have the original signature of the fiduciary. The attorney may not sign for the fiduciary. When co-fiduciaries have been appointed, each fiduciary must sign original filing or the filing must explain the reason for the absence of the fiduciary's signature and the efforts made to obtain signature. (Exception CLR 56.2)
It is the responsibility of the fiduciary and attorney to file the notice required by Ohio Revised Code Section 109.26, charitable trust together with a copy of the Will with the Ohio Attorney General. A statement that this has been done shall be endorsed on the application.
Any Last Will and Testament that is being deposited with the Court for safekeeping by Motion and Judgment Entry after the death of testator a (1.0) surviving spouse, next of kin, legatees and devisees form shall be filed.
The Court will require an application and judgment entry to deposit the will if an original will is not being admitted to the Court and is going be filed with the application of Short Release from Administration.
Inventories of executors, administrators, trustees, or guardians that list real estate as an asset must include the real estate description before obtaining Court approval. The Court will accept the County Auditor’s tax evaluation and description if an appraiser is not appointed.
Such notice shall be given by regular mail by the fiduciary, verified by an affidavit of service (Local Form) and further by publication pursuant to Rule 73 (E) (7).
- Document
- Notice of hearing
Must include
- •Certificate of service
To list a “0” value for a motor vehicle on an Inventory filed, must state as to why the vehicle is valued at “0” due to being “inoperable” or ‘salvage value’.
Consistent with Ohio Revised Code Section 2117.061 and any amendments thereto, in each estate, the fiduciary or other representative shall investigate whether the decedent’s estate is subject to a claim of the Medicaid Estate Recovery Program. Following such investigation, the fiduciary, shall do one of the following: 1. Notify the Administrator of the Medicaid Estate Recovery Program on the form provided by the Administrator of the Medicaid Estate Recovery Program by filing such form with the Probate Court, and transmitting a copy of said form directly to: Medicaid Estate Recovery 30 East Broad Street, 14th Floor Columbus, OH 43215
Either a statement or affidavit must be filed regarding the status of each claim filed with the Court or the status shown on the final accounting, before the approval of the final accounting or approval of the report of distribution.
The notice provided for by O.R.C. Section 2117.17 shall also provide to the creditor the proposed calculated amounts to be distributed to each claimant.
5. Closing statement attached to accounting, if real estate was sold during accounting period.
2. Attorney Certification (Appendix A) has been filed. Included in Attorney Certification the language of probate standard form 13.9, therefore waiving the requirement to the 13.9 form.
4. Written receipts signed by beneficiaries for distribution that was received from estate assets.
A). Application to enter into contract for attorney fees on an hourly basis shall have the judge's approval on fees before filing of account (Appendix C) subject to hearing without consents by all beneficiaries.
A fiduciary must exhibit all intangible property to the Court at the time of filing a partial account, all accounts or cash balances must be verified by a current letter from the financial institution in which the funds are deposited.
3. Schedule (Appendix B, Part I or Part II whichever is applicable) Appendix B, Part I (Attorney Fee Statement) states the basis for calculations of attorney fees by local rule 71.2 guidelines or (Appendix B, Part II) consents given by all beneficiaries to the attorney fees taken.
Each guardian applicant shall complete and sign acceptance of duties and responsibility of guardian in the presence of the Court prior to the Court approving the applicant's appointment to become a Guardian for a ward.
In all land sales proceeding prior to the issuance of the sale being necessary, the plaintiff shall file a certification of title to prove the evidence of title, unless modified by the Court.
A guardian’s inventory must include a list of the ward’s important legal papers and their locations, if known when the inventory is filed.
Court's wording
The guardian, as part of the inventory, shall file with the probate division of the court of common pleas a list of all of the ward's important legal papers, including but not limited to estate planning documents, advance directives, and powers of attorney, and the location of such legal papers, if known at the time of the filing on the Guardian's Inventory.
Court-appointed guardians must complete the required initial and annual education courses and file proof of completion on the appointment anniversary as an attachment to the annual report.
Court's wording
Each Court-appointed Guardian shall successfully complete and provide proof of completion to the Court, a six-hour guardian educational course provided by the Supreme Court of Ohio pursuant to Superintendence Rule of Ohio 66.06 (A) and each succeeding year thereafter, a three-hour guardian educational course provided by the Supreme Court of Ohio pursuant to Superintendence Rule of Ohio 66.07 (A) proof of completion shall be filed with the Court on the Guardian's anniversary date of appointment, attachment to the Guardian's annual Guardian's report.
Counsel shall file with the Court prior to hearing a statement of facts, Superintendence Rule 68 (B), or be prepared to give an oral statement of facts for the record at the time of hearing.
Counsel shall file with the Court prior to hearing, a statement of facts, Superintendence Rule 69 (B), or be prepared to give an oral statement of facts for the record at the time of hearing.
The Court shall require proof of distribution of expenses from settlement assets; including payment of claim of Medicaid Recovery if required; if distribution of settlement includes a structured settlement the Court shall require proof of the purchase of said structured settlement and named beneficiary of structured settlement.
After distribution is made in a wrongful death settlement, the applicant or counsel shall file a report detailing the parties to whom distribution was made and the amounts.
In this instance, the application must have time records attached and a description of extraordinary services rendered together with the hourly rate charged must be available at hearing.
The Court shall require all home studies and required attachments to be current (within 1 year), unless waived by Court for good cause.
Upon filing a Petition for Step-parent Adoption, an affidavit signed by a natural parent that he/she has notified any Child Support Agency that has an active support order of the adoption proceedings. (Local Form)
Further, birth certificates filed with the Petition for Adoption shall be obtained within 6 months of filing said Petition.
Putative Father Registry shall be searched, and results filed with the Court on all adoptions, unless a legal father has been determined by a Court.
Proposed jury interrogatories shall be submitted,
Briefs on any legal issues shall be submitted,
Proposed jury instructions shall be submitted,
All petitions shall be accompanied by the Information Sheet and shall include a date of birth or social security number of the Respondent and an address where the Respondent may be served.
When first omitted from a filing, the omitted personal identifiers may be filed on Standard Probate Form (45 D) which will not be a public record.
The required Rule 57.1(2) information, including the bar registration number, is required with the initial papers only, but must be included in the next pleading after a change of counsel.
Court's wording
The information required by Rule 57.1 (2), including bar registration number is only required by this Court once, at the time of filing the initial papers in a case and need not be repeated on every filing unless there is a change of counsel in that event, the bar registration must be included on the next pleading filed.
The information required on the Standard Probate Form 1.0 need only be filed once unless there is a change, in which event an amended form 1.0 should be filed containing the updated information.
All exhibits offered for admission during a hearing or trial shall be labeled by party name and item identification as directed by the Court Reporter.
The Court will not accept an anonymous complaint.
A verbal complaint shall be reduced to writing with the exception of a complaint alleged by a ward.
Payment of the fee is included in an accounting filed by the fiduciary that is also the sole beneficiary of a solvent estate.
If all beneficiaries consent in writing to the specific dollar amount to be paid and such consent instrument containing the caption of the estate is filed with the account (Appendix B, Part II) is filed or percentage guidelines by C.L.R. 71.2 are followed and Attorney Fee Statement (Appendix B, Part I) is filed.
A hearing is not required on an attorney-fee contract application if the application and approving order contain the specified information and recitation.
Court's wording
In Guardianships and Trusts, no hearing shall be required upon an application to enter into contract for (Appendix C) attorney fees if it is signed by the fiduciary, contains an itemized time sheet statement of legal services performed, applicable hourly rate, and the order approving the fee requested recites that credit may be taken for the allowed fee in an accounting which is subject to exceptions as provided by law.
(Complete (A) portion of form or complete (B) portion whichever is applicable)
Waivers of notice are attached.
Thereafter subsequent reference to a particular identifier may be made by reciting the last four digits of the identifier.
It is recommended that, to protect the title to probate or non-probate real estate in which the decedent owned an interest, that any response of Outside Counsel be filed with the Court
Filing & Service rules
Electronic Filing Rules
Facsimile filing is available for covered probate proceedings but is not accepted in adoption, mental illness/mental retardation proceedings, or appeals of probate cases.
These rules apply to probate proceedings in the Logan County Family Court. b. These rules do NOT apply to adoption and mental illness/mental retardation proceedings or an appeal of any case in the probate jurisdiction. In these cases no facsimile will be accepted.
Page 15 | Probate Local Rules
The listed documents and filings are not accepted by facsimile, subject to the stated exception for certain fiduciary inventory and accounting extensions.
The following documents will not be accepted by facsimile: 1. Original wills, codicils, 2. Pleadings that require service of summons to follow 3. Pleadings that will require issuances of documents 4. Surety bonds or verifications of receipt or deposits of assets 5. Any filings that would require a certification by the Court 6. Consents to any proceedings 7. Any filings that assess cost to a case with exception to extensions of fiduciaries inventories and accountings 8. Any facsimile in excess of 10 pages/ or sent out by Court Staff. 9. Any filing that would require the issuance of a new case number or originate a proceeding.
Page 15 | Probate Local Rules
Pleadings and other papers may be filed with the Probate Clerks’ Office by fax at the stated number, subject to the conditions that follow.
Pleadings and other papers may be filed with the Probate Clerks' Office by facsimile transmission to (937)292-4121, facsimile machine operates seven (7) days a week and (24) hours a day, subject to the following conditions:
Page 14 | COUNTY LOCAL RULE 57.6 – Facsimile Filings
Filing Timing and Cure Windows
If any required item is missing from the Court's file by the Friday before the final hearing, the ILC motion is automatically denied and its final hearing automatically vacated.
If any item is not in the Court's file on or before the Friday before the final hearing, the motion shall automatically be deemed denied and the final hearing on the motion shall automatically be deemed vacated.
Criminal cases
Page 1 | Standing Order Regarding Intervention in Lieu of Conviction
An application to extend the filing time for an accounting or inventory will not be accepted after a citation notice is issued.
Application for extension of time on filing accounting or inventory shall not be accepted for filing after the issuance of a citation notice.
Page 13 | COUNTY LOCAL RULE 56.2 – Continuance of Filing Inventories and Accountings
Subject to the issuance of the citation, inventories and accountings must be filed prior to hearing or appearance of both fiduciary and attorney of record will be required.
Subject to the issuance of the citation, inventories and accountings must be filed prior to hearing or appearance of both fiduciary and attorney of record will be required.
Page 13 | COUNTY LOCAL RULE 56.2 – Continuance of Filing Inventories and Accountings
The original document must be filed within three business days after facsimile filing or the facsimile filing will be stricken by judgment entry.
A document filed by facsimile shall be stricken from the record by judgment entry if the original is not filed within (3) three business days.
Page 15 | Probate Local Rules
Subject to the rules’ provisions, a facsimile document received by the clerk is considered file-stamped as of its transmission date.
TIME OF FILING – subject to the provisions of these rules, all documents sent by facsimile and received by the clerk shall be considered file-stamped with the clerk's office as of the date the transmission of the facsimile.
Page 15 | TIME OF FILING
The fiduciary’s written acceptance of duties on form # 1 DF must be executed and filed before the appointment is approved.
The written acceptance of duties (form # 1 DF) required by Ohio Revised Code Section 2109.02, must be executed and filed before approval of appointment.
Page 19 | COUNTY LOCAL RULE 60.2 – Fiduciary’s Acceptance
The Special Administrator must file an accounting with the Probate Court within six months of appointment.
An Accounting of the Special Administrator is to be filed with the Probate Court within six (6) months of the appointment, Thereafter, good cause shown to consider Appointment of Executor or Administrator pursuant to ORC 2113.15.
Page 19 | COUNTY LOCAL RULE 60.4 – Special Administrators
The Special Administrator must file an inventory with the Probate Court within three months of appointment or when an executor or administrator is appointed, whichever occurs first.
Inventory of the Special Administrator is to be filed with the Probate Court within three (3) months of the appointment or upon appointment of the executor or administrator, whichever is sooner.
Page 19 | COUNTY LOCAL RULE 60.4 – Special Administrators
The receipt of estate-asset distribution and total costs paid must be provided within 30 days of the order.
Receipt of distribution of estate assets and total costs paid within 30 days of order.
Page 20 | COUNTY LOCAL RULE 60.6 – Release of Administration – Assets less than $5,000
In release of administration proceedings, a report of distribution of assets must be filed within 60 days after appointment of a commissioner, unless waived for good cause.
Unless waived for good cause, a report of distribution of assets shall be filed within 60 days of the appointment of a commissioner in a release of administration proceedings.
Page 25 | COUNTY LOCAL RULE 64.6 – Report of Distribution
A guardian must file an annual report with the probate division, and that report is accepted as the guardian’s plan.
A guardian shall file the guardian's report annually with the probate division of the court of common pleas and it shall be accepted as the guardian's plan.
Page 27 | COUNTY LOCAL RULE 66.3(E) - Annual plan
A court-appointed guardian must initiate and submit to a criminal background check within seven days after filing the application, except that an attorney guardian may submit the specified certificate of good standing instead.
Each Court-appointed Guardian shall initiate and submit to a criminal background check within 7 days of his/her filing application. The Court will accept a certificate of good standing with disciplinary counsel issued by the Supreme Court of Ohio for attorneys that are Court appointed Guardians and therefore waiving the criminal background requirement.
Page 27 | COUNTY LOCAL RULE 66.3 (C) – Responsibilities of Guardians
A court-appointed guardian responsible for ten or more wards must register annually and provide information required by the Court on or before January 1.
A guardian appointed by the court who has ten or more wards under the guardian's care shall annually register with the probate division of the court of common pleas and provide such information the court may require on or before January 1st of each year.
Page 27 | COUNTY LOCAL RULE 66.3 (F)-Annual Registration
Petitions requesting an ex parte hearing must be filed before 2:30 PM; petitions filed after that time will be heard as soon as possible on the next court business day.
All petitions for civil stalking protection orders requesting an ex parte hearing must be filed prior to 2:30 PM to allow for processing and service to be obtained. If a petition with an ex parte hearing is filed after 2:30 PM, the ex parte hearing will be held as soon as possible on the next business day for the Court.
Civil cases
Page 1 | STANDING ORDER REGARDING CIVIL STALKING PROTECTION ORDERS
Marriage Applications will not be accepted after 4:00 p.m.
Marriage Applications shall not be accepted after 4:00 p.m.
Page 11
Guardians appointed before June 1, 2015, were required to complete the three-hour educational requirement by June 1, 2016.
Court-appointed Guardians appointed by the Court prior to June 1, 2015 shall complete the three-hour educational requirement by June 1, 2016.
Page 28 | COUNTY LOCAL RULE 66.3 (H) – Educational Requirements for Guardians
Service and Proof of Service Rules
The Administrator must give notice of appointment by regular U.S. Mail and file a certificate of service with the Court as proof of service.
The Administrator shall give notice of appointment pursuant to Sup. R. 60 (B). Said notice shall be issued by regular U.S. Mail and proof of service shall be given to the Court by filing a certificate of service. (Local Form)
Page 19 | COUNTY LOCAL RULE 60.3 – Notice of Appointment
The Court orders seven days’ written notice to the heirs at law unless all parties waive notice or the Court dispenses with it in a qualifying Release from Administration.
Unless waived by all parties or notice has been dispensed with by the Court in a Release from Administration pursuant to O.R.C. Section 2113.03 (B) the Court will hereby order seven (7) days written notice to be issued upon the heirs at law.
Page 20 | COUNTY LOCAL RULE 60.5 – Notice of Release of Administration
Unless notification is waived, all next of kin must be notified of the application.
Unless waived, notification of said Application must be given to all next of kin.
Page 20 | COUNTY LOCAL RULE 60.6 – Release of Administration – Assets less than $5,000
Publication must occur within 15 days after filing.
The publication shall occur within (15) days of filing.
Page 21 | COUNTY LOCAL RULE 61.2 –Notice on Inventory
The fiduciary must serve notice of hearing on the specified persons whose residence is known, with recipients differing for intestate and testate estates.
The notice of hearing shall be served by the fiduciary upon the following whose place of residence is known: Intestate Estate – surviving spouse and next of kin listed on the 1.0 form. Testate Estate – surviving spouse and beneficiaries; and any next of kin who have not received or waived notice of admission of Will to probate per R.C. 2107.19.
Page 21 | COUNTY LOCAL RULE 61.2 –Notice on Inventory
The fiduciary must send the notice by regular mail, verify service with the Local Form affidavit of service, and also publish notice under Rule 73(E)(7).
Such notice shall be given by regular mail by the fiduciary, verified by an affidavit of service (Local Form) and further by publication pursuant to Rule 73 (E) (7).
Page 21 | COUNTY LOCAL RULE 61.2 –Notice on Inventory
When a claim is filed under Ohio Revised Code Section 2117.06, the Deputy Clerk must send a copy to the attorney of record.
If a claim is filed with the Court pursuant to Ohio Revised Code Section 2117.06, the Deputy Clerk shall send a copy of the claim to the attorney of record.
Page 23 | COUNTY LOCAL RULE 62.2 – Filing of Claim
Unless waived, hearing notices for accounts must be mailed by ordinary mail and verified by a Local Form Affidavit of Service to the listed persons whose residences are known.
Notices of the filing and date and place of hearing of all accounts filed in this Court will, unless waived, be mailed by ordinary mail and verified by Affidavit of Service (Local Form) per Civil Rule 73 (E) (7) upon the following where places of residence is known: - Intestate Estate – Surviving spouse and next of kin listed on the 1.0 form - Testate Estate – Surviving spouse and beneficiaries - Incompetent Guardianships – all next of kin that would inherit if the ward died intestate - Minor Guardianships – natural parents or legal guardians of minor child - Trusts – all beneficiaries of trust
Page 25 | COUNTY LOCAL RULE 64.4 – Notice on Accountings
In emergency guardianship proceedings, the Court requires appointment of a process server to serve the alleged ward.
The Court will appoint Guardians on an emergency pursuant to ORC 2111.49. The Court will require the appointment of a process server to serve the alleged ward in the proceedings.
Page 26 | COUNTY LOCAL RULE 66.3 (A) – Emergency Guardianships
Guardianship-file information may be released only after a release request is filed and all involved parties receive notice.
The Court will only release information in a guardianship file after a request has been filed to release information and all parties involved have been given notice.
Page 27 | Guardianship complaints
Interested parties must receive seven days’ notice unless the Court waives notice for good cause shown.
Seven (7) days notice shall be given to interested parties, unless waived by the Court for good cause shown.
Page 29 | COUNTY LOCAL RULE 70.1 – Hearing
When the attorney seeks fees above the Rule 71.2 amount and the fiduciary's consent is not in the file, the application must be set for hearing and notice issued to all beneficiaries.
If the attorney wishes to charge an amount greater than the amount pursuant to County Local Rule 71.2 and if consents by the fiduciary is not in the file, the application (Appendix C) shall be set for hearing with notice being issued to all beneficiaries.
Page 32 | COUNTY LOCAL RULE 71.3 (Application for Extraordinary Fees)
Persons entitled to inherit or support allowances must receive notice of the fiduciary’s appointment by regular U.S. mail within seven days, unless they received notice of the appointment hearing or waived notice.
The undersigned states that all persons entitled to inherit, including persons entitled to an allowance for support, unless those persons have been provided notice of hearing on the appointment or have waived notice, have been given notice of the appointment of the Fiduciary, by regular U.S. mail within seven days after the appointment of the Fiduciary.
Page 43 | CERTIFICATE OF SERVICE OF APPOINTMENT OF FIDUCIARY
Interested persons must be notified of an inventory or account hearing by regular U.S. mail 10 days before the hearing, unless they waived notice or their names or addresses cannot be ascertained with reasonable diligence, as indicated by an affidavit of fiduciary.
This certifies that all persons Interested in the within inventory/Account, have either been notified (10) days prior to the date set for hearing by Regular U.S. Mail, have waived notice of the filing of the Inventory/Account, or their names or addresses are unknown to the fiduciary and cannot with reasonable diligence be ascertained as indicated by an Affidavit of Fiduciary.
Page 44 | AFFIDAVIT OF SERVICE OF NOTICE
Beckie Schmelzer or the Logan County Clerk of Courts will provide the ILC evaluator a copy of the entry identifying the final hearing date and the defendant's name.
Beckie Schmelzer and/or the Logan County Clerk of Courts will provide the ILC Evaluator with a copy of the entry identifying the date of the final hearing on the motion for ILC and the name of the defendant moving for ILC.
Criminal cases
Page 2 | Duty of ILC Evaluator – R.C. 2951.041(A)(1)
The Court will waive notice if the applicant receives assets instead of reimbursement for expenses or reimbursement is made to the Medicaid Recovery Program.
Court will waive notice if applicant is receiving assets in lieu of reimbursement for his/her expenses or re-imbursement being made to Medicaid Recovery Program.
Page 20 | COUNTY LOCAL RULE 60.6 – Release of Administration – Assets less than $5,000
The Court waives service on next of kin and proof of service when the decedent’s assets applied toward debts are governed by O.R.C. 2117.25(1) and (2).
Service to next of kin and proof of such shall be waived by the Court if the decedent's assets being applied towards debts are pursuant to O.R.C. 2117.25 (1) and 2117.25 (2).
Page 23 | COUNTY LOCAL RULE 62.3 – Insolvency in Estate Proceedings
CERTIFIED MAIL – Service of process by certified mail, return, receipt requested, pursuant to Civil Rules 4.1, 4.3 and 4.5 may be perfected, if needed, through a “Track and Confirm” verification by the United States Postal Service website; verification shall be made part of record.
CERTIFIED MAIL – Service of process by certified mail, return, receipt requested, pursuant to Civil Rules 4.1, 4.3 and 4.5 may be perfected, if needed, through a “Track and Confirm” verification by the United States Postal Service website; verification shall be made part of record.
Page 37 | COUNTY LOCAL RULE 78.2 – Service Process
Filing Fees and Waivers
A $30 filing fee is due when filing an application to appoint an executor, administrator, trustee, or guardian, and is paid directly to the Guardianship Indigent Fund.
The Court shall require a $30.00 filing fee at the time of filing applications for appointments of the following: Executors, Administrators, Trustees and Guardians. This filing fee is paid directly to the Guardianship Indigent Fund provide by Ohio Revised Code Section 2101.16 (C).
Page 16 | COUNTY LOCAL RULE 58.1 – Deposit
A $50 guardianship investigator fee is due with an application to appoint a guardian, comprising $25 for initial contact with the ward and $25 for the investigator’s report to the Court.
The Court shall require a guardianship investigator fee of fifty dollars ($50.00) ($25.00 for the investigator's initial contact with ward and $25.00 for the investigator's report to Court) at the time of filing an application to appoint a guardian for an
Page 16 | COUNTY LOCAL RULE 58.3 – Guardianship Investigator Fee
Costs for a guardianship of the person only are due at the Guardian's report.
- Guardianship of the person only - Guardian's report
Page 17 | COUNTY LOCAL RULE 58.4 – Final Costs; GUARDIANSHIPS
Costs for a guardianship of the person and estate are due upon filing the accounting.
- Guardianship of person and estate - upon filing of accounting (s)
Page 17 | COUNTY LOCAL RULE 58.4 – Final Costs; GUARDIANSHIPS
Total costs for the listed actions are due at the indicated times unless waived for good cause by motion and entry.
Total costs must be paid in each of the following actions at the time indicated, unless waived for good cause shown by motion and entry:
Page 17 | COUNTY LOCAL RULE 58.4 – Final Costs
- Estate with Appointment of Fiduciary - upon filing of Accounting (s) - Certificate of Termination
- Estate with Appointment of Fiduciary - upon filing of Accounting (s) - Certificate of Termination
Page 17 | COUNTY LOCAL RULE 58.4 – Final Costs; ESTATES
Costs for relieving an estate from administration are due at the Report of Distribution.
- Relieve Estate from Administration - Report of Distribution
Page 17 | COUNTY LOCAL RULE 58.4 – Final Costs; ESTATES
Costs for a testamentary trust are due upon filing the accounting.
- Testamentary Trust - upon filing of Accounting (s)
Page 17 | COUNTY LOCAL RULE 58.4 – Final Costs; TRUST
Costs for relieving an estate from administration when its only asset is real estate are due at the Certificate Transferring Real Estate.
- Relieve Estate from Administration with only Asset being Real Estate - Certificate Transferring Real Estate
Page 17 | COUNTY LOCAL RULE 58.4 – Final Costs; ESTATES
Costs for tax proceedings are due at the Tax Return.
- Tax Proceedings - Tax Return
Page 17 | COUNTY LOCAL RULE 58.4 – Final Costs; ESTATES
Costs for depositing a will for safekeeping are due at the Application to Deposit Will.
- Depositing Will for Safekeeping - Application to Deposit Will
Page 17 | COUNTY LOCAL RULE 58.4 – Final Costs; ESTATES
Costs for minor settlements and change-of-name matters are due at the court hearing.
Costs to be paid at Court Hearing
Page 18 | MINOR SETTLEMENTS / CHANGE OF NAME
An adoption requires a deposit of $675, or $575 without publication, with remaining costs due at the adoption hearing.
- Deposit of $675.00 / or $575.00 without publication / remaining costs due at adoption hearing
Page 18 | COUNTY LOCAL RULE 58.4 – Final Costs; ADOPTIONS
Claimants must pay the $10 filing cost, except that Medicaid Estate Recovery Claims are exempt from the $10 filing fee.
Costs of filing claim ($10.00) shall be paid by claimant. Medicaid Estate Recovery Claims shall be exempt of $10.00 filing fee.
Page 23 | COUNTY LOCAL RULE 62.2 – Filing of Claim
An account will not be approved until court costs are paid, unless the Court waives them for good cause.
1. All Court costs have been paid to date, unless upon good cause shown, the Court waives cost.
Page 24 | COUNTY LOCAL RULE 64.1 – Filing Accounts
The Clerk must collect a $175 deposit in adoption proceedings where publication notice is unnecessary.
The Clerk shall collect a deposit of $175.00 in adoption proceedings where it is unnecessary to publish notice.
Page 35 | COUNTY LOCAL RULE 75.1 – Adoption Deposits
The Clerk must collect a $275 deposit in adoption proceedings requiring publication notice.
The Clerk shall collect a deposit of $275.00, in adoption proceedings which need a notice of publication.
Page 35 | COUNTY LOCAL RULE 75.1 – Adoption Deposits
Assessor fees for step-parent adoptions are $300 per home unless extraordinary services are required.
Assessor fees for step-parent adoptions shall be set at $300.00 per home, unless extra -ordinary services are required.
Page 35 | COUNTY LOCAL RULE 75.3 – Home Studies
Sealing & Redaction Procedures
The clerk may redact personal identifiers when filing, with the filer’s consent.
The clerk may redact personal identifiers at the time of filing with the consent of filer.
Page 10 | COUNTY LOCAL RULE 45.1 – Personal Identifiers
Filing Bundling Requirements
An application to appoint a Special Administrator must be filed together with an Application for Authority to Administer Estate.
Application for the appointment of a Special Administrator pursuant to R.C.2113.15 shall be filed in conjunction with an Application for Authority to Administer Estate.
Page 19 | COUNTY LOCAL RULE 60.4 – Special Administrators
Adjournment & Extension Requirements
Motions for continuances must be submitted in writing with adverse parties’ approval three days before the scheduled hearing, unless good cause is shown and supported by affidavit.
Absent good cause shown supported by affidavit, motions for continuances shall be submitted in writing with adverse parties approval, three (3) days prior to scheduled hearing.
Page 12 | COUNTY LOCAL RULE 56.1 – Continuance of Hearing
No extensions will be granted after a citation has issued.
No extensions will be granted after the issuance of the citation.
Page 36 | COUNTY LOCAL RULE 78.1 – Case Management
The Court will accept three extensions on a past-due account in 30 day increments with the exception that unless the only asset is real estate, then 90 day increments can be granted with the three extensions.
The Court will accept three extensions on a past-due account in 30 day increments with the exception that unless the only asset is real estate, then 90 day increments can be granted with the three extensions.
Page 13 | COUNTY LOCAL RULE 56.2 – Continuance of Filing Inventories and Accountings
Chambers Communication Rules
An ILC evaluator may satisfy the approval-information requirement by emailing the required information to Beckie Schmelzer.
The ILC Evaluator may satisfy this requirement by sending an email with the required information to Beckie Schmelzer.
Criminal cases
Page 2 | Duty of ILC Evaluator – R.C. 2951.041(A)(1)