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The Local
Rules for the Trumbull County Probate Court
(Click on
titles below to jump to a rule)
To download a printable version of our
local rules in PDF form click here.
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files. Acrobat Reader is freely available to download here
 .
To download a printable version of appendices A-J,
click on the corresponding letter: A-Advance
Deposits for Court Costs,
B-Notice of
Litigation Form, C-Computation
of Counsel Fees-Full Administration,
D-Application to
Enter Into Contingent Fee Contract, E-Computation
of Executor/Administrator Commission,
F-Guardian's
Compensation, G-Computation
of Guardian's Compensation,
H-Trustee's
Compensation, I-Computation
of Trustee's Compensation, J-Application
For Short Form Release of Administration, K-Counsel
Fees, Employee
Paralegal Form , Independent
Paralegal Form or Electronic
Mail Consent Form-Individual Attorney or Electronic
Mail Consent for-Lawfirm. To download all appendices in one 900KB file, click here.
Local Rules effective January 1, 2002.
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COURT
APPOINTMENTS |
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RULE 8.1 Persons appointed by the Court to
serve as appraisers, fiduciaries, attorneys, special
master commissioners or magistrates,
investigators, guardians ad litem, arbitrators,
mediators, and trustees for suit, shall be selected
from lists maintained by
the Court.
Appointments will be made from the lists taking
into consideration the qualifications, skill,
expertise, and caseload of the appointee in
addition to the type, complexity, and
requirements of the case.
Court appointees will be paid a reasonable fee
with consideration given to the factors contained
in DR-2-106 of the Code of Professional
Responsibility, the Ohio Revised Code and the
Local Rules of Court relating to fees.
The Court shall review Court appointment lists at
least twice annually to ensure the equitable
distribution of appointments.
All appointees shall maintain professional
liability insurance or other insurance coverage
acceptable to the Court, unless otherwise ordered
by the Court.
The Court may require background checks of
all appointees.
The Court may order the parties to submit an
advance deposit of costs to compensate
professional or other appointees.
RULE 8.2 Upon application and for good
cause
shown, the Court may appoint a special master
commissioner for the limited purpose of disposing
of the decedent's cremated remains.
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RECORDING
OF PROCEEDINGS |
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RULE 11.1 The Court will make an audio
recording of proceedings before a Magistrate
that shall serve as the record of the Court.
Parties or other interested persons who desire
to have a transcript of the proceedings shall
request the transcript in writing from the
court reporter and are required to make a
deposit. The requesting party shall pay the
full cost of the transcription upon completion.
Tapes of proceedings may not be removed from
the Court.
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CONDITIONS
FOR BROADCASTING AND PHOTOGRAPHING COURT PROCEEDINGS |
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RULE 12.1 No radio or television
transmission,
voice recording device, other than a device used
by a court reporter making a record in a
proceeding, or the making or taking of pictures
shall be permitted without the prior express
consent of the Court and pursuant to Sup. R. 12.
RULE 12.2
The use of cell phones, for any
purpose, by non-court personnel is prohibited
without prior authorization of the court.
Any
violation of this rule will result in the phone being
confiscated by court security.
A confiscated
phone may be picked up at the court security desk
at the close of the business day.
No photographs
shall be taken at any time without prior authorization
of the court.
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HOURS
OF THE COURT |
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RULE 53.1 The Court and its offices will
be open for the transaction of business from
8:30 a.m. to 4:30 p.m. daily, except Saturday,
Sunday, and legal holidays, unless otherwise
determined by the Court.
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EXAMINATION
OF PROBATE RECORDS |
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RULE 55.1 Court records shall not be
removed
from the Court, unless authorized by judgment
entry.
RULE 55.2 Copies of open records may be
obtained at the cost per page set forth on
Appendix A.
RULE 55.3 Confidential files shall not be
inspected, unless authorized by judgment entry.
RULE 55.4 For
the purpose of maintaining the
efficient operation of the Court and protecting
court records, the use of copying equipment
brought into the Court for Purposes of
duplicating court documents may be reasonably
limited by the Court
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FILINGS
AND JUDGMENT ENTRIES |
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RULE 57.1 An applicant shall include
the
applicant's e-mail address, and Driver's
License Numbers
on papers, pleadings, and
other documents, as required by the Court.
RULE 57.2 Ohio Supreme Court Registration
Numbers assigned to attorneys representing
all parties to proceedings and the attorney's
e-mail address, shall be included on papers,
pleadings, and other documents, as required by the
Court. All filings must be signed by the individual
attorney as the attorney of record for a party
and not as a legal entity. A person who is not the
attorney of record shall not sign on behalf of the
attorney of record.
RULE 57.3 Papers, pleadings, and other
documents that are incomplete, or
not of sufficient
quality to be imaged
may be refused
for filing, or, if filed, may be stricken from the
files. In the event of a dispute regarding filings made
via U.S. mail or other postal carrier, the Court
may require filing in person to a deputy clerk.
All briefs or memoranda of law shall comply
with the Supreme Court Rules for Reporting of
Opinions unless otherwise ordered by the Court.
Copies of all opinions previously referred to as
"unpublished" that are not posted on the Ohio
Supreme Court website under rule 3 of the Supreme
Court Rules for Reporting of Opinions shall be
attached as appendices unless otherwise ordered by
the Court.
RULE 57.4 Upon the filing of any legal
action
that affects an estate, a trust, or a guardianship,
the fiduciary shall file a notice of litigation with
the Court. The notice may conform to the form
attached as Appendix B.
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FACSIMILE
FILING |
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RULE 57.5 Pursuant to Civil Rule 5 (E), the
Court in its discretion may allow facsimile filing
during regular business hours of the Court as set
forth in Local Rule 53.1. Any documents
received after regular business hours shall be
deemed filed the following business day. Only
documents subsequent to the initial pleading may
be filed with the probate court by facsimile
subject to the following provisions:
(A) A document filed by facsimile shall
be accepted as the effective original and shall
be filed by the party or their attorney of record. All
risks of transmission shall be borne by the sender.
(B) All filings by facsimile shall be
accompanied by a cover page that states all of the
following information:
(1) The date of transmission;
(2) The name, telephone number,
and facsimile number of the
person transmitting
the
document;
(3) The case number and caption
of the case in which the
document is to be filed;
(4) The title of the document to
be filed;
(5) The number of pages being
transmitted.
(C) Any signature on documents
transmitted by facsimile shall be considered that
of the attorney or party that it purports to be for
all purposes. If it is established that the
documents were transmitted without authority,
the Court may order the filing stricken.
(D) The filing date of any
documents transmitted by facsimile
during regular business hours shall be the time
and date the document was received by
the probate court's facsimile machine.
(E) Any document filed by facsimile
that requires a filing fee may be rejected unless
the filer has complied with the mechanism
established by the probate court for the payment
of filing fees.
(F) The
dedicated fax number for the
Trumbull County Probate Court is (330)
675-3024. Filings faxed to any other number will
not be accepted unless otherwise authorized by the
Court.
(G) Papers, pleadings, and other
documents that are incomplete may be refused for
filing, or if filed, may be stricken.
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ELECTRONIC
FILING OF DOCUMENTS |
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RULE 57.6 Documents subsequent to the
initial pleading may be filed with the probate
court by electronic means subject to the following
provisions:
(A) A document filed by electronic
means shall be accepted as the effective original and
shall be filed by the party or their attorney of record.
All risks of transmission shall be borne by the sender.
(B) Any signature on electronically
transmitted documents shall be considered that of
the attorney or party that it purports to be for all
purposes. If it is established that the documents
were transmitted without authority, the Court
may order the filing stricken.
(C) The filing date of any
electronically transmitted documents shall be
the
time and date the document was received by
the probate court's receiving device. This time
and date shall serve as the Court's time stamp for
the document.
(D) Any document filed electronically
that requires a filing fee may be rejected unless
the filer has complied with the mechanism
established by the probate court for the payment
of filing fees.
(E) Electronically transmitted
documents may be received during regular
business hours of the Court as set forth in Local
Rule 53.1. Any documents received after
regular business hours shall be deemed filed the
following business day.
(F) Papers, pleadings, and other
documents that are incomplete may be refused for
filing, or, if filed, may be stricken.
Rule
57.7
The Trumbull County Probate Court does not
accept filings via electronic mail.
No electronic mail received
and sent from the Trumbull County Probate Court is retained
except the following:
·
E-notices
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Archive requests
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E-filing confirmations
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Case specific
correspondence that is copied to the official Court file
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ENTER
APPEARANCE AS ATTORNEY OF RECORD |
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RULE 57.8 Parties receiving a notice of
hearing
shall provide a copy of the notice to their attorney
so that he or she can enter an appearance and
receive notification of future hearings.
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DEPOSIT
FOR COURT COSTS |
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RULE 58.1 The amounts set forth on
Appendix
A shall be deposited with the Court upon the
filing of the respective actions and proceedings.
RULE 58.2 The Court may order the
parties
to submit an advance deposit of costs for
professional or other fees.
Upon the filing of a demand for a jury trial, the party
making the demand shall file an advance deposit for
costs for juror fees in the amount of $500.00 or such
other amount as the Court may determine.
RULE 58.3 Papers, pleadings, and other
documents may be refused for filing, or, if
filed, may be stricken for failure to make
deposits, or to pay court costs, except for good
cause shown.
RULE 58.4 No appointment shall be made if
there is a failure of the fiduciary or the
fiduciary's attorney to pay court costs.
Failure of the fiduciary or
the
fiduciary's
attorney to make additional deposits,
or to pay court costs, shall be grounds for
removal.
RULE 58.5 For claims against estates,
see
Loc. R. 62.1.
RULE 58.6 For the purpose of procuring and
maintaining computerized legal research
services an additional fee of One Dollar and Fifty
Cents ($1.50) shall be collected as costs in each
cause filed in an estate, wrongful death
guardianship, trust, minor settlement, civil
action, correction of birth record, registration of
birth, change of name, or adoption.
RULE 58.7 A member of the United states Armed
Services who died while serving in a combat zone
or as a result of wounds , disease, or injury incurred while
serving
in a combat zone shall be exempt the following fees
as prescribed in R.C. 2101.16:
1. Any fee for or associated with the filing of the
decedent’s will for probate;
2. Any fee for any services rendered by the probate
court associated with
the administration of decedent’s estate;
3. Any fee for relieving decedent’s estate from
administration
under R.C. 2113.03;
4. Any fee for granting an order for summary release
from administration under R.C. 2113.031.
5.
Any
fee associated with a short form release, pursuant
to local rule 75.3(C).
RULE 58.8 The Clerk of the Probate Court may
charge a reasonable fee in each action or proceeding
filed, including full administrations of estates, trusts,
guardianships, conservatorships, civil actions,
wrongful death actions, change of name, and adoption
proceedings, for the purpose of the resolution of
disputes within the jurisdiction of the Probate Court
and authorized by the Local Rule of Practice
pursuant to R.C. 2101.163. (Eff. 4-8-04).
RULE 58.9 The Clerk of the Probate Court may charge
a fee of $16.50 for each certified copy of a birth record
ordered in an adoption or correction of birth record to
be forwarded to Ohio Department of Health, Division
of Vital Statistics for the issuance of a replacement
or
corrected birth certificate pursuant to R.C. 3109.14,
3705.24(A) and (B), and 3705.242.
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WILLS |
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RULE 59.1 If a will confers a power to
nominate an executor as described in R.C.
2107.65, the application to probate the will shall
include a concise statement setting forth the item
number of the will that confers the power, and the
name(s) of the holder(s) of the power.
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APPRAISERS |
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RULE 61.1 An appraiser must be experienced
in appraising property in Trumbull County,
Ohio, and shall not be a member of the family,
business associate, or client of the fiduciary, the
fiduciary's attorney, or other person interested in
the estate.
RULE 61.2
Upon application and good cause
shown, the Court may authorize the fiduciary by
order, to use the County Auditor’s tax value for
real property in an estate in lieu of an appraisal.
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INVENTORY |
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RULE 100.1
Except for good cause shown, the
costs of citations shall be deducted from the
fiduciary's compensation.
Rule 100.2 Except for good cause
shown,
estate assets shall not be transferred, or
distributed until the inventory or inventory and
appraisement has bee filed and approved by
judgment entry.
RULE 100.3
All applications for authority to
administer estate, application for appointment for
guardian, or trustee shall be accompanied by a bond
in the amount required by law unless the applicant
files a motion to waive bond pending the filing of the
inventory.
If said motion is granted, bond shall be filed at the
time of the filing of the inventory.
A motion to
continue the waiver of bond may be filed if the
fiduciary either completes a criminal background
check performed by the Trumbull County Sheriff’s
Department using the WEBCHECK system, or the
assets of the trust have been placed in a restricted
account with no withdrawals unless authorized by the
Court.
All unless otherwise ordered by the Court.
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TRANSFER
OF STRUCTURED SETTLEMENTS |
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RULE 101.1 The person giving independent
professional advice to the payee regarding the
legal and other implications of the transfer of a
structured settlement pursuant to R.C.
§2323.583 (C) shall be present at the hearing.
RULE 101.2 Upon application for the transfer
of a structured settlement, an affidavit shall be
filed regarding the status of any child support
owed by the applicant
RULE 101.3 In all transfer of structured
settlement matters, a criminal background check
of the prospective transferor shall be performed
by the Trumbull County Sheriff's Department
using the WEBCHECK system, within five days
of the filing of the motion. In addition, a criminal
background check of the law enforcement agencies
shall be performed by an investigator appointed by
the Court.
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Change
of Name |
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RULE 102.1
Except
for good cause shown, before
a change of name is granted, a criminal background check
of the applicant(s) shall be performed by the
Trumbull County Sheriff’s Department using the
WEBCHECK system.
Each applicant shall sign a
Consent to Criminal Background Check and appear
at the Trumbull County Sheriff’s Department for the
Webcheck within five days of filing of the
application.
In addition, the Consent shall authorize
the court investigator appointed by the Probate Court
to perform a criminal background check of the local
law enforcement agencies.
RULE 102.2 The Court, in its discretion, may
deny an
application for change of name to the following individuals:
1) An individual who is in arrears for any child support
payment, or
2) A Sexual Predator/Offender as defined in the Ohio
Revised Code.
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CLAIMS AGAINST ESTATES |
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RULE 62.1 The amount set forth on Appendix
A shall be deposited with the Court upon the
filing of a claim pursuant to R.C. 2117.06.
RULE 62.2 An executor authorized by the will
to make a compromise or settlement of a claim
against an estate shall apply to the Court for
authority to compromise or settle any claim on
behalf of the estate.
RULE 62.3 All fiduciaries shall apply to
the
Court for authority to compromise or settle any
claim on behalf of the estate, including but not
limited to personal injury claims of the decedent.
RULE 62.4 Any electronic transfer of
settlement
funds shall be preceded by a written consent of
the fiduciary filed with the Court. Payment of
any settlement funds pursuant to electronic
transfer is at the risk of the insurance company
until funds are distributed pursuant to judgment
entry.
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APPLICATION
TO SELL PERSONALTY |
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RULE 63.1 The affidavit and report required
by R.C. 2109.45 and 2113.42 shall include a
statement that the property was not purchased by
the fiduciary, by a member of the fiduciary's
family, or by an agent of the fiduciary.
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ACCOUNTS |
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RULE 64.1 Except for good cause shown, the
costs of citations shall be deducted from the
fiduciary's compensation.
RULE 64.2 If a fiduciary is delinquent in
filing an account, and no extension of time for
filing has been granted, the Court may refuse to
appoint the fiduciary to another office of trust.
RULE 64.3 Every fiduciary shall render an
account for each estate, trust, or guardianship at
least once each year, unless otherwise ordered by
the Court.
RULE 64.4 A Trustee shall provide a copy of
the annual account to all parties interested in
the Trustee's account.
RULE 64.5 A Trustee shall file a current list
of the names and addresses of all persons
interested in the trust and the interest of each
party in the trust with the Trustee's annual
account.
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ONLINE
BANKING AND REPORTING PROJECT |
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RULE 64.6 Fiduciary's participating in
the
Trumbull County Probate Court Online
Banking and Reporting Project may establish
an online banking interface for a fiduciary
account. This interface may be used to
conduct transactions electronically with prior
court approval. The Court may authorize
individual or repeated periodic payments
utilizing the online banking interface
The Fiduciary may submit to the
Court an online statement of the Fiduciary
account as an appendix to the account form.
This online statement may be submitted to the
Court as an alternative to the certification from
the financial institution of the balance in the
account and may also be submitted to the
court as an alternative to other proof or
evidence regarding each transaction listed
thereon. Submission of the online statement
does not excuse the fiduciary from retaining
vouchers or other proof of transactions for a
time period of three years from the date of
filing so they may be used as evidence in the
event that any of the financial transactions
should be challenged.
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LAND
SALES |
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RULE 65.1 The affidavits required by Sup.
R.
65 (A) shall include a statement that the property
was not purchased by the complainant, by a
member of the complainant's family, or by an
agent of the complainant.
RULE 65.2 In all actions to sell real
estate, the
application to the Court to allow a real estate
commission, required by R.C. 2127.28, shall
state the specific amount of the commission
requested.
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GUARDIANSHIPS |
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RULE 66.1 Except for good cause shown, an
application for the appointment of a guardian
shall contain the name of one proposed ward and
shall be heard separately from any other
application.
RULE 66.2 Except for good cause shown, the
hearing on the application for the appointment of
a guardian shall be attended by the applicant and
the proposed ward.
RULE 66.3 Each guardian shall file an
annual
report with the Court containing the information
required by the Court. No guardian shall change
the residential placement of a ward without prior
application to and approval of the Court. The
application shall state
the reason for relocating the
ward and any
recommendation for relocation made
by health
providers.
RULE 66.4 An application for the
appointment
of a guardian of a minor shall not be filed if the
only reason for the guardianship is to establish a
residency for school purposes. Custody for school
purposes is a matter to be heard and determined
in the Juvenile Division of the Court of Common
Pleas. No guardian of the person of a minor may
create a power of attorney pursuant to R.C. 3109.52
transferring the guardian’s rights and responsibilities
without specific authority of the Court.
RULE 66.5 Guardianship assets shall not be
expended until a written application has been
heard by the Court and allowed by judgment
entry.
RULE 66.6
Except
for good cause shown, before
a guardian is appointed, a criminal background check
of the applicant(s) shall be performed by the
Trumbull County Sheriff’s Department using the
WEBCHECK system.
Each applicant shall sign a
Consent to Criminal Background Check and appear
at the Trumbull County Sheriff’s Department for the
Webcheck within five days of filing of the
application.
In addition, the Consent shall authorize
the court investigator appointed by the Probate Court
to perform a criminal background check of the local
law enforcement agencies.
RULE 66.7 Medical and psychological
reports
are confidential and there shall be no access to
these reports without prior order of the court.
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CONSERVATORSHIPS |
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RULE 66.8 All rules governing Guardians
shall govern Conservators unless otherwise
provided by law or order of the Court.
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MANDATORY REPORTERS |
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RULE 66.9
(A) Any attorney, guardian, or
any person in a fiduciary relationship with a
ward of the Court having reasonable cause to
believe that the ward is being abused, neglected,
or exploited, or is in a condition which is the
result of abuse, neglect, or exploitation shall
immediately report to the Probate Court.
(B) Any person having reasonable
cause to believe that a ward has suffered abuse, neglect,
or exploitation may make a report to the Probate Court.
(C) The reports made under this rule shall
be made orally or in writing except that oral reports shall be
followed by a written report if a written report is requested by
the Probate Court. Reports are confidential and there shall be
no access to these reports without prior order of the court.
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