Logan County Court of Common Pleas, Ohio Service and Proof of Service Rules

CRITICAL

Service

Mail to court

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)

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Service

Mail

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).

CRITICAL

Service

Publication

Publication must occur within 15 days after filing.

The publication shall occur within (15) days of filing.

CRITICAL

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.

CRITICAL

Service

Mail

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

CRITICAL

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.

CRITICAL

Applies to

Request to release guardianship file information

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Service

Mail

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.

CRITICAL

Applies to

Inventory or account notice

Service

Mail

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.

WARNINGCriminal cases

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.

WARNING

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.

WARNING

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).

WARNING

Service

Mail

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.