Portage County Court of Common Pleas, Ohio Document Filing Requirements

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Applies to

Written complaint

A third party with knowledge or suspicion of guardian misconduct may file a written complaint with the Court.

Third parties also have a mechanism to file a written complaint with the Court if they have knowledge or suspicion that the guardian is doing something wrong.

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Applies to

Certificate of termination

Co-fiduciaries who are the sole equal co-beneficiaries of a testate estate may file a certificate of termination instead of a fiduciary’s account.

The Court will allow Co-Fiduciaries who are also the sole equal Co-Beneficiaries of a testate estate to file a certificate of termination in lieu of filing a Fiduciary’s account.

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Applies to

Certificate of termination

A fiduciary or co-fiduciary who is also trustee or co-trustee of a trust that is the sole beneficiary of a testate estate may file a certificate of termination instead of a fiduciary’s account.

The Court will also allow a Fiduciary or Co-Fiduciary who are also the Trustee or Co-Trustees of a trust that is a sole beneficiary of a testate estate to file a certificate of termination in lieu of filing a Fiduciary’s account.

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Applies to

Complaint

A person or entity with reasonable cause to believe a guardian committed wrongdoing, neglect, or other misconduct affecting the ward may file a complaint requesting a review hearing under Rule 78.1(D).

Any person or entity who has reasonable cause to believe that a guardian has engaged in any act of wrongdoing, neglect or other misconduct affecting the ward may file a complaint requesting a review hearing using the procedures in Rule 78.1(D).

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Applies to

Notice

Heirs or beneficiaries may consent to an alternate distribution of tangible personal property by filing notice with the Court.

Heirs or beneficiaries may consent to an alternate distribution of tangible personal property in an estate proceeding by filing notice with the Court.

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Applies to

Minor trust account

For a minor trust whose assets consist only of intangible personal property during an accounting period, complete and accurate bank or investment statements may be filed instead of an account.

The Court will permit statements in lieu of account on a minor trust in any accounting period in which the trust assets consist only of intangible personal property. Complete and accurate bank or investment statements may be filed in lieu of a trustee’s account.

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Applies to

Will for record

Filing a will for record is not mandatory, but is recommended in case assets requiring probate are later discovered.

Filing a Will for record is not mandatory, but it is good practice in case you later find assets that may require probating the Will.

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Applies to

Fee application

A fiduciary need not submit an application and proposed entry under Rule 72.1(C) for a fee that does not exceed the statutory amount.

The Fiduciary is not required to submit an application and proposed entry under Rule 72.1(C) if the fee does not exceed the statutory amount.

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Applies to

Partial account

The Fiduciary’s attorney may apply for authority to pay partial attorney fees when filing a partial account.

The Fiduciary’s attorney may apply for authority to pay partial attorney fees upon filing a partial account.

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Applies to

Written agreement

For a pending case without a written agreement when the Rule takes effect, the Court recommends putting one in place as soon as possible.

If you have a pending case at the time this Rule goes into effect and you do not have a written agreement, the Court suggests you get one in place as soon as possible.

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Applies to

Motion response or reply

Motions, responses, and replies should present a clear, concise argument, properly cited supporting authority, and a succinct statement of requested relief.

All motions, responses and replies should present a clear, concise argument of the party’s position, properly cited and referenced supporting legal authority and a succinct statement of the relief sought.

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Applies to

Automobile transfer form

An executor with power of sale under a will may file automobile transfer forms for automobiles subject to probate administration, but is not required to do so.

An Executor with the power of sale under a will may, but is not required to, file automobile transfer forms to transfer automobiles that are subject to probate administration.

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Applies to

SC Form 10 0

If a party does not agree to an alternate distribution, or there is a disagreement about otherwise unbequeathed tangible personal property, the Fiduciary may file SC Form 10.0 for the Court’s determination.

If any party fails to agree to an alternate distribution, or if there is a disagreement regarding tangible personal property that is not otherwise bequeathed, the Fiduciary may file SC Form 10.0, application to distribute in kind, for the Court’s determination.

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Applies to

Partial account

Later partial accounts may be waived under R.C. §2109.301(A), unless the court orders an actual accounting for a particular period.

Partial accounts after the first partial account may be waived in the manner described in R.C. §2109.301(A), unless the Court orders an actual accounting in the particular case for a particular accounting period.

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Applies to

Settlement notice

If settlement is reached through mediation, the mediator should provide written notice to the Court.

If settlement is reached by mediation, the mediator should provide written notice to the Court.

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Applies to

Business interest appraisal

An appraiser need not be appointed for a solely owned business entity whose only asset is real estate if the real estate’s value can be accurately determined from the county auditor’s most recent tax value.

Notwithstanding anything in this Rule to the contrary, a business entity in which the decedent is the sole owner and in which the exclusive asset is real estate does not require the appointment of an appraiser if the value of the real estate can accurately be determined by reference to the most recent tax value for real estate shown on the property records of the County Auditor in the county in which the real estate is located