Judge Kathleen A. Aubry
Individual Rules, Standing Orders & Policies
- Rules last changed:
Document Format Requirements2 rules
Forms filed in Probate Court must be tumble-style; nonconforming forms photostated by counsel will be returned unfiled.
Court's wording
The Supreme Court Rules of Superindence pertaining to forms to be filed in Probate Court mandates that these forms be tumble-style. Any forms photostated by counsel that are not tumble-style will be returned unfiled.
All filings shall be in duplicate, with the exception of Ohio Estate Tax, which shall be in triplicate.
Document Filing Requirements15 rules
Counsel shall prepare all jud_gment entries.
When a Will has been admitted to Probate and not recorded and there are no assets, the applicant requesting admission to Probate or some other interested party, shall file an affidavit setting forth the fact that there are no assets.
An affidavit must evidence notice of probate of a will, including notice to the Attorney General under the cited statutes.
Court's wording
The obligation of fiduciarys attorneys to give notice of probate of will shall be evidenced by affidavit filed fourteen (14) days from date of probate guar of the wi11 but with good cause shown on or before . ,:·.::;,��· . ; ,: ::. ·.... . .. : ·�:!.:· ....... the that time reasonable extension may be granted by schc the Court. This is to include notice to the Attorney a m, General pursuant to R.C. 109.23 to 109.41.
Descriptions of Wyandot County real estate must be approved by the County Engineer.
A Certificate of Title Examination is required for all real estate transferred by certificate of transfer or by sale.
A name-conformity applicant must submit photocopies of the applicant’s or minor’s official identity documents with the application.
Court's wording
An Applicant seeking to Conform a Legal Name must provide photocopies of all official identity documents relating to the applicant or minor with the application, including: Birth Record Social -S�urity Card Driver's License or State issued ID Card (if any) Marriage Record (if any) Divorce Decree (if any) Passport (ifany) Any other official government-issued document required or commonly used to verify a person's identify
Applications for extraordinary attorney fees must itemize the services, dates, time spent, and hourly rate or other justification for the fee.
Court's wording
(B) All applications for the allowance of extraordinary attorne_y fees shall set forth 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 or their. justifying basis for said. fee.·
{D) Prior to a fiduciary entering into a contigent-fee contract with an attorney for services, an application for authority to enter into the contract shall be filed and approved by the Court.
An Entry Setting Hearing shall be provided to the Court with directions for the Clerk to serve the next of kin, with names.and complete addresses provided.
An emergency guardianship application must include the specified affidavit, Next of Kin form, physician-signed evaluation forms, and a proposed order stating the powers sought.
- Document
- Emergency guardianship application
Must include
- •Proposed order
Court's wording
An application for appointment of an emergency guardian shall include an affidavit from the person alleging the emergency, including a statement of facts setting forth the nature of the emerg�cy, and what action is necessary to prevent injury to the persons and or estate with the specific orders of relief that are sought and a completed Next of Kin form (Probate Form 15.0). An application for appointment of emergency guardian shall he be accompanied by the Statement of Expert Evaluation (Probate Form 17.1) and the Supplement for Emergency Guardian of Person (Probate From 17.1 A), signed by the physician ·describing the circumstances which make it• reasonably certain that immediate action is required to prevent significant injury to the person and or estate. Suchemergency application shall include a proposed order setting forththe powers sought.
The Court may grant emergency guardianship only on evidence showing an immediate need to prevent significant injury and that an application for appointment of a guardian has been filed.
Court's wording
The Court may grant ap. application/motion for emergency guardianship only by testimony, affidavit, or other evidence showing that immediate action is required to prevent significant injury th the alleged ward or the.property of the alleged ward and that an application for the appointment of a guardian of the person or estate or both has been filed with the Court.
Applicants for guardian appointment generally must complete a court-satisfactory civil and criminal records check, authorize it using the required form and any requested consent, and file a Guardian's Credibility form, subject to the stated attorney exceptions.
Court's wording
All applicants for appointment as guardjan (except Ohio attorneys who are currently in good standing with the Supreme Court of Ohio or a state approved agency), must submit to a civil.and criminal record check satisfactory to the Court, ·at their own expense. The applicant must complete the necessary form authorizing the records check and execute �uch consent; if any, as may be requested by the Court to authorize the Court to perform that _records check. Additionally, all applicants for ap�intment (except Ohio attorneys who are currently in good standing with the S11preme Court <>f Ohio) shall complete and file a Guardian's Credibility form.
Any person having reasonable cause to 1;,elieve a ward is being abused, neglected, exploited or is otherwise in a position to be taken advantage of because of their incompetency/age/etc. shall immediately report the matter in writing to the Court by give the written comments or complaints or concerns to the ChiefDeputy Clerk ofthe Probate Court.
(C) Where the Fiduciary has consented in writing to the amount of counsel fees, an application need ,. · ·.· .. . :. !, not be made for the a11 owance, provided the cons�mt is endorsed on • the fiduciary account or evidence. by separate instrument filed with the account. . This provision shall not apply to guardianships.
Upon review ofthe application, the Court may order the submission ofother documents the Court deems relevant to the application.
Filing & Service rules
Filing Timing and Cure Windows
The affidavit evidencing notice of probate of a will must be filed 14 days from the date of probate.
The obligation of fiduciarys attorneys to give notice of probate of will shall be evidenced by affidavit filed fourteen (14) days from date of probate guar of the wi11
Civil cases
Page 7 | Rule 27.1 — Affidavit of Notice
A report of sale cannot be confirmed and distribution cannot be ordered until one week from the Monday after the report is filed, unless all interested parties consent.
No report of sale of real estate will be confirmed, nor any distribution ordered until one week from the Monday following the date of fi1 ing the report of sale, unless consented to by all in terested parties.
Civil cases
Page 8 | Rule 33.1 — Land Transfers
Service and Proof of Service Rules
At the conclusion of each hearing, the Court must give the listed people written notice of the next hearing’s date, time, and place; mailed notice is not required if that information was provided in writing at the conclusion of the immediately preceding hearing.
Upon the conclusion of each hearing, the Court shall provide written notice to the prosecuting attorney, the child's attorney, the child's guardian ad litem, and the child's parents, guardian, or custodian o_f the date, time and place of the next scheduled hearing. · Mailed notice �l not be requited for any party or other individual designated in this rule to whom notice of the nex:t"hearing was provided in writing upon conclusion: of the immediately preceding hearing.
Criminal cases
Page 4 | NOTICE
An emergency guardianship order must be served on its subject as soon as possible after issuance.
Service of any Order for Emergency Guardianship shall be made upon the subject of the Order as soon as possible after the issuance of the Order.
Civil cases
Page 15 | Rule 66.1 — Emergency Guardianship
The applicant must exercise due diligence to give the proposed ward notice of the hearing in every emergency guardianship.
The applicant shall :exercise due diligence in giving notice· of hearing upon the proposed ward in all emergency guardianships.
Civil cases
Page 15 | Rule 66.1 — Emergency Guardianship
For a further extension hearing, notice must be served by regular U.S. mail on the ward's next of kin residing in Ohio at least seven days before the hearing.
Any further requests for an extension of.an emergency guardianship shall be set for hearing, with notice to be served by regular U.S. Mail on the next of kin of the ward who reside in the State of Ohio , at least seven (7) days prior to the hearing.
Civil cases
Page 15 | Rule 66.2 — Extension of Seventy-two (72) Hour Emergency Guardianship
Written comments, complaints, or concerns must be provided to the guardian.
Said written comments or complaints or concerns shall be provided to the guardian.
Civil cases
Page 16 | Rule 66.6 — Comments or Complaints Regarding Guardians
Notice of the disposition must be provided to both the guardian and the person who submitted the comments, complaints, or concerns.
Notice of disposition shall be provided to the guardian as well as the person who made the comments or complaints or concerns:
Civil cases
Page 16 | Rule 66.6 — Comments or Complaints Regarding Guardians
Filing Fees and Waivers
Pursuant to RC 21 1 1.031, the Court may require an Applicant for a guardianship to make ·an advanced 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 incmed to assist the Court in deciding whether a guardianship is necessary.
Pursuant to RC 21 1 1.031, the Court may require an Applicant for a guardianship to make ·an advanced 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 incmed to assist the Court in deciding whether a guardianship is necessary.
Civil cases
Page 16 | Deposits
Sealing & Redaction Procedures
Confidential information must be blacked out on photocopies submitted to the Court when filing.
To protect the privacy ofthe applicant or minor, all confidential information must be redacted (blacked-out) on the photocopies submitted to the Court at the time of filing.
Civil cases
Page 11 | Rule 36.1 — Name Conformity Proceedings
Adjournment & Extension Requirements
Further emergency-guardianship extension requests must be set for hearing, with notice mailed to the ward's next of kin residing in Ohio at least seven days before the hearing.
Any further requests for an extension of.an emergency guardianship shall be set for hearing, with notice to be served by regular U.S. Mail on the next of kin of the ward who reside in the State of Ohio , at least seven (7) days prior to the hearing.
Civil cases
Page 15 | Rule 66.2 — Extension of Seventy-two (72) Hour Emergency Guardianship
All emergency-guardianship extension requests must be filed before the guardianship expires.
All requests for extension shall be filed prior the expiration of the emergency guardianship.
Civil cases
Page 15 | Rule 66.2 — Extension of Seventy-two (72) Hour Emergency Guardianship
The Court will grant one 30-day extension of an emergency guardianship upon good cause, if the request is submitted before the original 72-hour guardianship expires.
The Court will grant one (1) extension, with good cause shown, of thirty (30) days for an emergency guardianship. Said extension request must be submitted the CQurt prior to the expiration of the original 72 hour emergency guardianship.
Civil cases
Page 15 | Rule 66.2 — Extension of Seventy-two (72) Hour Emergency Guardianship
The Court may grant a reasonable extension if good cause is shown on or before the affidavit filing deadline.
with good cause shown on or before . ,:·.::;,��· . ; ,: ::. ·.... . .. : ·�:!.:· ....... the that time reasonable extension may be granted by schc the Court.
Civil cases
Page 7 | Rule 27.1 — Affidavit of Notice