The Local Rules for the Trumbull County Probate Court

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To download a printable version of our local rules in PDF form click here.  Adobe Acrobat Reader is required to read and print PDF files.  Acrobat Reader is freely available to download here .
To download a printable version of appendices A-L, 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. L-Ohio Minimum Standards for Guardians  To download all appendices in one 900KB file, click here.
Local Rules effective January 1, 2002.  All policies and procedures are reflected in these local rules.

COURT APPOINTMENTS

RECORDING OF PROCEEDINGS

CONDITIONS FOR BROADCASTING AND PHOTOGRAPHING COURT PROCEEDINGS

HOURS OF THE COURT

EXAMINATION OF PROBATE RECORDS

FILINGS AND JUDGMENT ENTRIES

ELECTRONIC FILING OF DOCUMENTS

FACSIMILE FILING

ENTER APPEARANCE AS ATTORNEY OF RECORD

DEPOSIT FOR COURT COSTS

WILLS

APPRAISER

INVENTORY

TRANSFER OF STRUCTURED SETTLEMENTS

CLAIMS AGAINST ESTATES

APPLICATION TO SELL PERSONALTY

ACCOUNTS

ONLINE BANKING AND REPORTING PROJECT

LAND SALES

GUARDIANSHIPS

CONSERVATORSHIPS

MANDATORY REPORTERS

ESTATES OF MINORS OF NOT MORE THAN TEN THOUSAND DOLLARS

SETTLEMENT OF INJURY CLAIMS OF MINORS

SETTLEMENT OF CLAIMS OF OR AGAINST ADULT WARDS

COUNSEL FEES

EXECUTOR'S AND ADMINISTRATOR'S COMMISSIONS

COMMISSIONERS

GUARDIAN'S COMPENSATION

TRUSTEE'S COMPENSATION

MOTIONS AND HEARINGS

TAX PROCEEDINGS

RELEASE FROM ADMINISTRATION

ADOPTIONS

GUARDIAN AD LITEM

REGISTRATION OF PARALEGALS

ESTATES WITH LITIGATION

PRO HAC VICE

COMPLIANCE

SUPERVISION OF ESTATES, TRUSTS, AND GUARDIANSHIPS

CASE MANAGEMENT OF ADVERSARY PROCEEDINGS

Change of Name

COURT APPOINTMENTS

 

              
               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 Prof. Cond. Rule 1.5, 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.

               RULE 8.3 The Court may consider whether or not
               the attorney representing the fiduciary has professional
               liability insurance as a factor in determining the suitability
               of the fiduciary to serve.

               RULE 8.4 All fiduciaries appointed by the Court shall notify
               the Court in writing whether or not the attorney representing
               the fiduciary has malpractice insurance.



RECORDING OF PROCEEDINGS

 

              
               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.  
               
               RULE 11.2       The Court may assess a court cost
               of $25.00 to make a record of any proceeding before
               the Court.

               RULE 11.3       Upon request of the Court, Plaintiff or
               the moving party in any hearing shall retain the service
               of a private court reporter to keep a verbatim stenographic
               record of the hearing and shall pay the costs of the private
               court reporter unless otherwise ordered by the Court.
               Plaintiff or the moving party shall file with the Court a notice
               of the name, address, and telephone number of the private
               court reporter at least three days prior to the hearing. A
               private court reporter so retained may be designated by
               the Court as the official court reporter for the purpose of
               recording the proceedings at such hearing.
 



CONDITIONS FOR BROADCASTING AND PHOTOGRAPHING COURT PROCEEDINGS

 

              
               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.

HOURS OF THE COURT

 

              
                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.

EXAMINATION OF PROBATE RECORDS

 

              
               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 

               RULE 55.5     Prior to filing or submitting a document
               with the Court, all personal identifiers shall be redacted
               from the document. When personal identifiers are
               redacted from a document, the filer shall submit that
               information on standard form 45(D) Confidential Disclosure
               of Personal Identifiers. No Inventory or Account shall be
               approved and no fees shall be paid upon the failure to file
               form 45(D) unless otherwise ordered by the Court.

               RULE 55.6     Public access terminals, microfilm and microfiche
               machines are to be utilized on a first come, first serve basis.
               The Court will supply a sign in sheet with designations of 30 minutes
               each for public use of the equipment. Once the allotted time period
               expires, the individual may be granted one additional 30 minute time
               increment per day upon written request and approval.

                  Rule 55.7      The Trumbull County Probate Court has jurisdiction over
               a variety of confidential matters. As a result, the Court protects the rights
               and confidences of parties and officially speaks through its journal entries.
               No Probate Court staff member is authorized to speak on behalf of the
               Court unless authorized by reference or journal entry.

                   Rule 55.8   Pursuant to Superintendence Rule 45 (B)(3), the Court
               hereby restricts the amount of court records that will be mailed, transmitted,
               or delivered per month to each requestor to thirty (30) documents,
               unless the requestor certifies in writing that the requestor does not intend
               to use or forward the records, or the information contained in them,
               for commercial purposes. 

 

 

  

FILINGS AND JUDGMENT ENTRIES

 

              
               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, microfilmed, or stored
               electronically
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.

FACSIMILE FILING

 

    
               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. 

                      

 

ELECTRONIC FILING OF DOCUMENTS

 

    
          
               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.  The Trumbull County Probate Court
                   does not communicate officially via electronic mail.  Pursuant to Ohio law,
                   the Judge and Magistrates are not permitted to have ex parte communications
                   regarding cases pending before the Court. 
No electronic mail received
                   and sent from the Trumbull County Probate Court is retained
                   except the following:

                          E-notices
                       
  Archive requests
                       
  E-filing confirmations
                       
  Case specific correspondence that is copied to the official Court file

 

CONSENT AND WAIVER OF SERVICE BY TRUMBULL
COUNTY BAR ASSOCIATION MAILBOX

 

              
               RULE 57.8     The maintenance by counsel of a Trumbull County
               Bar Association "mailbox" shall be deemed an explicit consent by counsel
               to receive in counsel's bar association "mailbox" held in counsel's
               individual name or firm's name any and all service by this Court, at the Court's
               option: counsel acknowledges that such bar association "mailbox"; and further,
               the maintenance by counsel of a bar association "mailbox" shall also be deemed
               to constitute a waiver of any alleged imperfections of service.  "Service" as
               denoted under this Local Rule shall be deemed to apply only as to service
               by this Court upon counsel in counsel's representative capacity as counsel
               of record, guardian ad litem, or fiduciary in all pending matters before this
               Court, and not to counsel individually.     

                     Notwithstanding anything herein to all contrary, counsel who maintain a bar
               association "mailbox" may revoke the "consent" and "waiver" of service
               provisions under the Local Rule by executing a written "Notice of Revocation
               of Consent & Waiver of Service by Bar Association Mailbox" in a form
               substantially as follows:  "Now comes (name of attorney),
 who hereby gives notice
               of his/her revocation of the consent to and by Bar Association Mailbox" in a form
               substantially as follows:  "Now comes (name of attorney), who hereby gives notice
               of counsel's revocation of consent to and waiver of service through counsel's
               Trumbull County Bar Association "mailbox" pursuant to Local Rule 57.8,
                and hereby request that all future service be completed by the Court as
               specifically provided by the Civil Rules or as otherwise provided by law.

                        

ENTER APPEARANCE AS ATTORNEY OF RECORD

 

              
               RULE 57.9     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.               

REIMBURSEMENT OF EXPENSES
 


                 RULE 57.10     Any request for reimbursement of
             costs or other expenses shall be supported by receipts,
             vouchers or other proof unless otherwise ordered by the Court.

DEPOSIT FOR COURT COSTS

 

              
               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 $21.50 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.

 

WILLS

 

              
               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.
    

APPRAISERS

 

              
               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.

       

INVENTORY

 

              
               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 been 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.

    

TRANSFER OF STRUCTURED SETTLEMENTS

 

              
               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.

    

Change of Name

 

               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.

 

CLAIMS AGAINST ESTATES

 

              
               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.
     

APPLICATION TO SELL PERSONALTY

 

              
               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.
     

ACCOUNTS

 

              
               RULE 64.1     Except for good cause shown, the
               costs of citations shall be deducted from the
               fiduciary's compensation.

               RULE 64.2     (A)   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.

                                     (B) Fiduciaries or their counsel shall
               retain vouchers, receipts, cancelled checks or other
               proof of transactions until the final account has been
               approved by the Court. Fiduciaries or their counsel
               shall submit vouchers, receipts, cancelled checks or
               other proof of transactions upon the request of the Court.
               At any hearing on objections to the account, counsel
               for the fiduciary shall introduce into evidence in
               support of the account such vouchers, receipts,
               cancelled checks or other proof of transactions.

               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.              

ONLINE BANKING AND REPORTING PROJECT

 

              
               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.    


LAND SALES

 

              
               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.

GUARDIANSHIPS

 

              
               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.  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 66.1.1     The Trumbull County Probate Court
               hereby adopts the Ohio Minimum Standards for
               Guardians of the Supreme Court of Ohio. The Standards
               are attached as Appendix L. 
Except for good cause shown,
                   guardians shall visit each ward on at least a quarterly basis. 

               RULE 66.2     Upon the filing of an application for the
               appointment of a guardian, the proposed ward has the
               following rights:

               the right to be present at the hearing to contest the application,
               and to be represented by an attorney of the proposed ward’s choice;

               the right to have a friend or family member of the
               proposed ward’s choice present at the hearing;

               the right to have evidence of an independent expert
               evaluation introduced at the hearing;

               the right to request an attorney, and an independent expert
               evaluation to be appointed at court expense if the proposed
               ward is indigent;

               the right to have an attorney appointed, and necessary transcripts
               prepared at court expense if the proposed ward appeals the
               guardianship decision, and is indigent;

               the right to have considered for appointment a person
               nominated in a separate document by the proposed ward.


               In the event of an adjudication of incompetence, the guardian may
               present evidence to establish the least restrictive form of guardianship,
               and that the ward has the competence to exercise the following rights:

               the right to vote;
               the right to marry;
               the right to make a will;
               the right to terminate a marriage;
               the right to retain a driver’s license.


               The ward retains the following rights during the guardianship providing
               the exercise of the rights is not detrimental to the health,
               safety and welfare of the ward or others:

               the right to be treated with dignity and respect;

               the right to privacy and confidentiality;

               the right to participate in decisions regarding housing;

               the right to receive the level of care that protects the ward’s health, safety, and welfare;

               the right to participate in medical care and treatment decisions;

               the right to an inventory of personal property, and the right to
               participate in decisions regarding the disposition and /or sale of
               personal property;

               the right to an accounting of the disposition and/or sale of any personal property;

               the right to the free exercise of religion;

               the right to continue contact with family and friends providing the contact is not
               detrimental to the health, safety, and welfare of the ward;

               the right to receive veteran’s benefits if the ward qualifies as a result of military service;

               the right to an annual review of the guardianship;

               the right to have access to the courts to challenge the need for guardianship
               and/or the administration of the guardianship.
 

               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 and/or
               such other background check as ordered by the Court by
               Judgment Entry. 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.

               In the event that the criminal background check indicates a charge
               that would disqualify the applicant from serving, the Court,
               in its discretion, may hold a hearing on reformation. At the hearing,
               the applicant has the burden of proof that the applicant is suitable
               to serve despite the unfavorable background check.
 

               RULE 66.7     Medical and psychological reports
               are confidential and there shall be no access to
               these reports without prior order of the court.

 

CONSERVATORSHIPS

 


               RULE 66.8     All rules governing Guardians
               shall govern Conservators unless otherwise
               provided by law or order of the Court.
 

MANDATORY REPORTERS

 


               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.

             Written reports shall include:

             (1) The name, address, and approximate age of the ward who is the subject of the report;

             (2) The name and address of the individual responsible for the ward’s care, if any
                   individual is, and if the individual is known;

             (3) The nature and extent of the alleged abuse, neglect, or exploitation of the ward;

             (4) The basis of the reporter's belief that the ward has been abused, neglected, or exploited.


 


 

ESTATES OF MINORS OF NOT MORE THAN TWENTY-FIVE THOUSAND DOLLARS

 

              
              
RULE 67.1          Upon the opening of a
               court-ordered account under $25,000 (“restricted
               account”), the account shall be titled in the sole
               name of the minor.  All interest and principal shall
               be impounded.  Deposited funds shall not be
               released until the minor reaches age 18 or upon
               further order of the Court.  The verification of
               receipt and deposit from the bank filed with the
               Court shall contain the information required by the Court. 
             

               RULE 67.2     Certificates of deposit may be renewed
               without court order, even if there is a change of interest
               rate or term. Funds may be moved from savings account
               to certificate of deposit (or vice versa) without a court
               order and shall remain a restricted account. A transfer to
               any other  bank product shall require a court order.

 

               RULE 67.3     Funds may be released to the account
               owner (the former minor) by the bank at the age of 18
               without a court order.

               RULE 67.4     On an annual basis, the Court will
               provide a list of restricted accounts to the bank.
               The bank will provide the balance in each account
               or give the date that each account was closed. The
               bank may use the Court’s electronic filing system to
               provide this information.


SETTLEMENT OF INJURY CLAIMS OF MINORS

 

              
               RULE 68.1     An application shall be
               accompanied by a current statement of the
               examining physician as provided in Sup. R. 68
               (B). The presence of the injured minor shall be
               required at the hearing as provided in Sup. R. 68
               (C) except for good cause shown.

               RULE 68.2     Upon the opening of a court-ordered
               account ("restricted account"), the account shall be
               titled in the sole name of the minor. All interest and
               principal shall be impounded. Deposited funds shall
               not be released until the minor reaches age 18 or
               upon further order of the Court. The verification of
               receipt and deposit from the bank filed with the Court
              shall contain the information required by the Court. 

              RULE 68.3     Certificates of deposit may be
              renewed without court order, even if there is a change
              of interest rate or term. Funds may be moved from
              savings account to certificate of deposit (or vice versa)
              without a court order and shall remain a restricted account.
              A transfer to any other bank product shall require a court order.

              RULE 68.4     Funds may be released to the account
              owner (the former minor) by the bank at the age of
              18 without a court order.     

              RULE 68.5     On an annual basis, the Court will
              provide a list of restricted accounts to the bank.
              The bank will provide the balance in each account
              or give the date that each account was closed. The
              bank may use the Court’s electronic filing system
              to provide this information.
     

SETTLEMENT OF CLAIMS OF OR AGAINST ADULT WARDS

 

              
               RULE 69.1     A guardian shall not settle the
               claim of an adult ward without application to and
               approval by the Court of the settlement.

               RULE 69.2     Funds deposited into restricted
               accounts shall not be released until a written
               application has been heard by the Court and
               allowed by judgment entry.  All interest and
               principal shall be impounded.

               RULE 69.3     Certificates of deposit may be
               renewed without court order, even if there is a
               change of interest rate or term. Funds may be
               moved from savings account to certificate of
               deposit (or vice versa) without a court order and
               shall remain a restricted account. A transfer to any
               other bank product shall require a court order.

               RULE 69.4     The verification of receipt and
               deposit from the bank filed with the Court shall
               contain the information required by the Court.

               RULE 69.5     On an annual basis, the Court will
              provide a list of restricted accounts to the bank.
              The bank will provide the balance in each account
              or give the date that each account was closed. The
              bank may use the Court’s electronic filing system
              to provide this information.

COUNSEL FEES

 

              
               RULE 71.1     To comply with the recent decision
               of the 11th District Court of Appeals and pursuant
               to Prof. Cond. Rule 1.5, counsel fees shall be limited
               to reasonable and necessary legal services actually
               performed by the attorney. Counsel shall not be
               compensated for non-legal services at the hourly rate
               for legal services. Counsel shall have the burden of
               proof to show that counsel fees are reasonable and
               necessary and benefitted the estate, guardianship or trust.

               When counsel fees are itemized, the itemization shall
               include the date of the specific legal service, the time
               spent on each specific service, and the hourly rate charged.
               Counsel shall separately itemize each specific service and
               shall not bundle the list of services over the course of a day.
               The itemization for counsel fees shall not include charges for
               clerical work, filing, preparation of a bill, motions for
               counsel fees, and fiduciary work.

               Legal services includes, but is not limited to: appearances in
               court, drafting and preparation of pleadings and other papers
               for filing in court, legal advice and counsel, management of
               legal actions and proceedings before the court, explanation
               of legal consequences of specific decisions, negotiating on
               behalf of clients with adverse parties, preparing settlement
               packages, and making settlement demands.

               Paralegal and non-legal services shall be itemized separately
               and shall not be charged at the rate for legal work.

               If the motion for counsel fees does not comply with this rule,
               it will be returned to counsel for compliance.
 

               RULE 71.2      (A) An application for allowance
               of counsel fees for legal services rendered as the
               attorney for the executor or administrator in the
               complete administration of a decedent's estate
               shall conform to the computation form attached
               as Appendix C or be itemized as described in (B).
               The Court, in its discretion, may require an
               application for counsel fees to be itemized as
               described in (B), or to conform to the computation
               form attached as Appendix C.

                                       (B) All other applications for the
               allowance of counsel fees shall set forth an
               itemized statement of the services performed by
               counsel, the date services were performed, the time
               spent in rendering the services, and the rate
               charged per hour.

                                       (C)  Counsel shall include a
               separate itemization for those services
               rendered by paralegals or other persons as
               required above in (B).

                                       (D) Expenses shall be itemized
               separately and shall be supported by paid receipts
               or canceled checks.

               RULE 71.3      (A) Counsel fees shall not be paid
               by the fiduciary until a written application has
               been approved by judgment entry.

                                       (B) Interested parties may waive
               notice of hearing and sign written consents to
               applications for approval of counsel fees.

               RULE 71.4     When counsel fees are allowed for
               services that are normally performed by the
               fiduciary, the fiduciary's compensation shall be
               reduced by the amount allowed to the attorney
               for those services rendered unless, for good
               cause shown, the Court finds that such a ruling
               would be unfair.

               RULE 71.5     Counsel fees may be reduced by
               the Court when the attorney, or a member of the
               attorney's firm, will receive compensation as the
               fiduciary.

               RULE 71.6     Prior to a fiduciary entering into a
               contingent fee contract with an attorney for any
               legal services, an application for authority to
               enter into the contract shall be filed with and
               approved by the Court. The application may  
               conform to the form attached as Appendix D.
               Otherwise, counsel fees may be determined on a
               quantum meruit basis.

               RULE 71.7     At the time of entering into a 
               contingent fee agreement, if there is a fee splitting
               agreement, the fee split and the identity of all
               lawyers participating must be disclosed in 
               writing.  Counsel shall file with the Court a copy
               of any fee splitting agreement.

               RULE 71.8 Unless otherwise ordered by the Court,
               applications for the allowance of fees or commissions
               and other compensation to an attorney, executor,
               administrator or other fiduciary shall not be set for
               hearing.   If the Court orders a hearing, the applicant
               shall offer expert testimony as to fairness and reasonableness
               of fees charged for probate work in the Trumbull County area.          

               RULE 71.9     All attorneys representing fiduciaries
               or applicants to be appointed fiduciaries shall notify
               the Court in writing if they do not maintain professional
               liability insurance in addition to notifying their clients
               pursuant to Prof. Cond. Rule 1.4 (c).
                                

EXECUTOR'S AND ADMINISTRATOR'S COMMISSIONS

 

              
               RULE 72.1      (A) An application for allowance
               of executor's or administrator's commissions for
               ordinary services rendered in the complete
               administration of a decedent's estate may
               conform to the computation form attached as
               Appendix E.

                                       (B) The Court may set a hearing
               on an application for allowance of executor's or
               administrator's commissions, and if a hearing is
               scheduled, notice shall be given to all parties
               affected by the payment of commissions, unless
               otherwise ordered by the Court.            

                                       (C) Interested parties may waive
              notice of hearing and sign written consents to
              applications for approval of executor's or
              administrator's commissions.

              RULE 72.2     The itemized statement for
              extraordinary services required by Sup. R. 72
              (A) shall itemize the services performed, the date
              services were performed, the time spent in
              rendering the services, and the rate charged per
              hour.

              RULE 72.3     Executor's and administrator's
              commissions of an ordinary or extraordinary
              nature shall not be paid from the decedent's estate
              until a written application has been approved by
              judgment entry.

COMMISSIONERS

 


                   RULE 72.4     All rules governing Executors
               and Administrators except those regarding
               fiduciary commissions shall govern
               Commissioners unless otherwise provided by law
               or order of the Court.

GUARDIAN'S COMPENSATION

 

              
               RULE 73.1     Unless otherwise provided by law,
               or ordered by the Court, a guardian may charge
               an annual fee for ordinary services in accordance
               with the schedule of compensation set forth on
               Appendix F.

               RULE 73.2      (A) An application for allowance
               of guardian's compensation for ordinary services
               rendered in the administration of each separate
               guardianship estate may conform to the
               computation form attached as Appendix G.

                                       (B) An application for allowance
               of guardian's compensation shall be submitted to
               the Court for approval with the annual guardian's
               account.

                                       (C) Interested parties may waive
               notice of hearing and sign written consents to
               applications for approval of guardian's
 
                   compensation.

               RULE 73.3     Where there is a claim for
               extraordinary services or fees of a guardian of
               a person, the application 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.

               RULE 73.4     Guardian's compensation of an
               ordinary or extraordinary nature shall not be
               paid from the ward's estate until the application
               has been approved by judgment entry.

TRUSTEE'S COMPENSATION

 

              
               RULE 74.1     Unless otherwise provided by the
               instrument creating the trust, by law, or ordered
               by the Court, a testamentary trustee may charge
               an annual fee for ordinary services in accordance
               with the schedule of compensation set forth on
               Appendix H.

               RULE 74.2       (A) An application for allowance
               of trustee's compensation for ordinary services
               rendered in the administration of each separate
               trust estate may conform to the computation form
               attached as Appendix I.

                                        (B) An application for allowance
               of trustee's compensation shall be submitted to
               the Court for approval with the annual trustee's
               account.
                                        (C) The Court may set a hearing
               on an application for allowance of trustee's
               compensation, and if a hearing is scheduled,
               notice shall be given to all parties affected by the
               payment of compensation, unless otherwise
               ordered by the Court.

                                        (D) Interested parties may waive
               notice of hearing and sign written consents to
               applications for approval of trustee's
               compensation.

               RULE 74.3     The application required by Sup.
               R. 74 (B) 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.

               RULE 74.4     Trustee's compensation of an
               ordinary or extraordinary nature shall not be
               paid from the trust estate until the application has
               been approved by judgment entry.

               RULE 74.5     All cases filed with the Court under Ohio
               Revised Code Title 58, Ohio Trust Code shall be
               initiated by a Complaint and service of process shall
               be served as provided by law. 


 

MOTIONS AND HEARINGS

 

              
               RULE 75.1       (A) All motions and responses
               shall be submitted in writing, accompanied by a
               memorandum on the related law, and shall
               include a proposed judgment entry.

                                        (B) The Court may rule on all
               motions based on the pleadings, without a
               hearing, unless a hearing is scheduled by the
               Court or granted by the Court upon the request of
               a party.

                                       (C) The moving party must be present
              for all hearings, present evidence, and be prepared to
              testify on the factual basis of the matter brought before the Court. 


TAX PROCEEDINGS

 

              
               RULE 75.2        (A) All estate tax filings in the
               Court shall conform to the requirements of
               Chapter 5731 of the Revised Code.

                                         (B) The Ohio estate tax return
               should be filed with the Court no sooner than
               three (3) months from the date of the appointment
               of the fiduciary.

                                         (C) Each attorney, or other
               person filing an estate tax return, shall also
               prepare and deliver to the Court the Ohio Estate
               and additional tax return filing notice.

RELEASE FROM ADMINISTRATION

 

              
               RULE 75.3         (A) Notice by publication as
               provided in R.C. 2113.03 shall be required unless
               found unnecessary by judgment entry.

                                          (B) An appraiser's report as
               provided in R.C. 2113.03 shall be required unless
               found unnecessary by judgment entry.

                                          (C) The application for a short  
               form release attached as Appendix J may be
               filed where the assets of an estate are less than
               $20,000.00 and there is a surviving spouse and/or
               minor children, or where the assets of an estate
               are less than $10,000.00 and there is no surviving
               spouse or minor children and evidence is
               presented at the time of filing establishing that
               the funeral expenses have been paid to the extent
               of the estate priority allowance.

                                           (D) The Court may require
               verification of payment of claims in the order
               of priority outlined in R.C. 2117.25.

ADOPTIONS

 

              
               RULE 75.4      (A) To maintain the
               confidentiality of adoption records, each
               adoption petition shall contain the name of one
               person proposed for adoption.

                                       (B) The adoption petition shall
               allege the grounds upon which the Court may find
               that the consent of a person required to consent to
               the adoption is not necessary. The adoption
               petition shall also allege the circumstances under
               which the person proposed for adoption was
               placed with the petitioner.

                                       (C) Each person consenting to an
               adoption shall sign a separate consent to adopt
               form which shall be filed with the Court.  Except
               for good cause shown, a consent shall not be signed
               more than 30 days before filing the petition for
               adoption.

                                       (D) A petitioner's account form
               shall be filed in each adoption proceeding. For
               good cause shown, the Court may waive some
               account filings in the adoption proceeding.  No
               fee or retainer shall be taken without prior
               approval of the Court

                                       (E) All persons entitled to notice
               of an adoption hearing shall be served with notice
               in accordance with the Rules of Civil Procedure
               even though those persons have signed and filed a
               written consent to adopt form.

                                       (F) Except for good cause shown,
               service by publication in accordance with the
               Rules of Civil Procedure shall be made on an
               unnamed parent or parents.

                                       (G) The petitioner or the
               petitioner's attorney shall provide the Court with
               written instruction for service or an affidavit that
               service was properly made when any question
               arises regarding service.

                                       (H) In all adoption matters, a 
               criminal background check of the Petitioner and
               any person 18 years old or older living in the home
               must submit to a WEBCHECK performed by the
               Trumbull County Sheriff's Department using the
                the WEBCHECK system, within five days 
                of the filing of the adoption (or placement)
                petition.   In addition, a criminal background
                check of the local law enforcement agencies
                within the county shall be performed by the
                adoption assessor appointed by the court.

                                        (I) If there is a pending
               proceeding in a juvenile or domestic relations
               court, the probate court will not proceed on
               a petition for adoption until the matter is
               concluded in that juvenile or domestic relations
               court.
                                         (J) Upon the filing of a petition,
               the petitioner shall disclose to the Court in 
               writing whether the petitioner owes any back due
               child support and whether any back due child 
               support is owed by the birth parents for the
               prospective adoptee.

                                        (K) In all private adoptions, a home
               study shall be completed by a licensed agency and
               filed with the Court no less than 10 days prior to the hearing.

GUARDIAN AD LITEM

 

              
               RULE 75.5      (A) A guardian ad litem may be an
               attorney who is not associated with an attorney of
               record for the proceeding in which the guardian
               ad litem has been appointed.

                                       (B) A guardian ad litem may be
               appointed upon the motion of either party or on
               the Court's own motion.

                                       (C) The Court may order a
               guardian ad litem appointed at any time that it
               deems necessary and essential to protect the
               interest of a minor child or to represent an
               incompetent person or incapacitated adult.

                                       (D) The guardian ad litem shall be
               selected and appointed solely by the Court in
               accordance with the qualifications and guidelines
               established by this Court.

                                       (E) Unless otherwise provided, it
               is the responsibility of each party involved to
               timely contact the guardian ad litem and to
               provide the guardian ad litem with information
               relating to the case.

                                                 (F) Unless otherwise ordered by
               the Court, upon application and entry, guardian
               ad litem fees shall be based on a reasonable
               hourly rate for time expended. Fees may be
               charged as a court cost. The Court may require
               an advance deposit for costs. 

                                        (G)  All applications
               for the allowance of guardian ad litem 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.

                                       (H) Unless otherwise directed by
               the Court, the guardian ad litem shall prepare a
               guardian ad litem report and deliver the report to
               the Court with notice to the parties.  The
               guardian ad litem report shall be confidential. 
               There shall be no access without prior application
               to and approval by the Court.

REGISTRATION OF
PARALEGALS

 

              
               RULE 75.6  (A)  Paralegals that perform services
               in matters before this Court must be registered with
               the Court.  The Court recognizes two categories
               of paralegals:  "employee paralegals" who are
               employed exclusively by one law firm and
               only perform services for that firm as an
               employee, and "independent paralegals" who
               operate as independent contract paralegals
               offering services to more than one firm.

                                     (B)  Registration shall be on the
               form attached as Appendix K for employee
               paralegals or Appendix L for independent
               paralegals.

                                      (C)  Employee paralegals need
               only register one time unless they no longer
               work for the single firm they are registered
               with as an employee.  The registration form
               must identify the firm and shall be signed by
               an attorney of the firm stating that the
               paralegal services will be supervised by the
               attorney of that law firm.  The attorney and
               paralegal shall sign the registration form
               attesting that the paralegal is qualified through
               education, training, or work experience to
               assist an attorney in matters before this Court
               and this work will be supervised by an attorney
               who will be held responsible for the work.  The
               law firm shall notify the Court when the paralegal
               registered with the Court leaves the exclusive
               employment of the law firm.

                                         (D)  Independent paralegals
               shall be registered for each case in which the
               independent paralegal is performing services,
               identifying the case name, case number and
               supervising attorney.  The supervising attorney
               and independent paralegal shall sign the
               registration attesting that the paralegal is qualified
               through education, training, or work experience to
               assist an attorney in matters that will be filed in
               this Court and this work will be supervised by an
               attorney who will be held responsible for the work.

                                          (E)  Fee statements filed with
               the Court shall itemize paralegal work
               separately from services performed by an
               attorney.

                                          (F)  A paralegal shall not sign
               any document for the fiduciary, applicant, or
               supervising attorney.

                                          (G)  Failure to comply with this
               rule may result in the disallowance of fees and
               such other action as the Court may deem
               appropriate.

                                                    

ESTATES WITH LITIGATION

 

              
               RULE 75.7     (A) In estates involving litigation,
               a final and distributive account shall be filed as
               soon as all assets have been administered and shall
               indicate that the estate must remain open for
               litigation purposes.

                                       (B) Upon the filing of a final and
               distributive account which indicates that an
               estate must remain open for litigation purposes
               only, no subsequent accounts shall be required.
               Yearly status reports shall be filed by litigation
               counsel.

                                       (C) In estates opened for litigation
               purposes only, where there are no assets to
               administer, a motion to waive accountings
               pending receipt of funds into the
               estate may be filed.  Yearly status reports shall
               be filed by litigation counsel and served on all
               beneficiaries or next of kin.

                                        (D) In an estate where litigation is
               anticipated or pending, litigation counsel shall
               file a notice of appearance and file an annual
               status report of the litigation.  When any
               litigation has commenced, a notice of litigation
               form shall be filed.

               RULE 75 .8   (A)  In actions for the transfer of
               structured settlement payments under R.C. 
               2323.58 et seq. a copy of the annuity and 
               related assignments shall be filed with the 
               application for transfer.

                                       (B)  The Court shall grant a 
               transfer of structure settlement payment 
               applications only upon the showing of a 
               compelling reason or circumstance which was
               not anticipated when the settlement was 
               initially negotiated and agreed upon.

PRO HAC VICE

 

              
               RULE 75.9     An attorney, not licensed to practice
               law in the State of Ohio, but who is duly licensed
               to practice law in any other state, District of
               Columbia, the Commonwealth of Puerto Rico, or
               territories of the United States may, in the
               discretion of the Probate Judge, be permitted to
               represent a party or parties in any matter pending
               or to be filed in this county after completion of all
               of the following conditions and must be in compliance
               with Gov. Bar R. XII- Pro Hac Vice Admission.

               A)  The applicant attorney shall be sponsored in
               writing by an attorney licensed to practice law in
               the State of Ohio.  A motion shall be filed by the
               Ohio licensed attorney at least seven days prior to
               the proceeding certifying such applicants'
               compliance with this rule and the Rules for the
               Government to the Bar;

               B)  The applicant attorney shall certify in writing
               that he or she is on active status and in good
               standing to practice law and is not under any
               disability.  Applicant shall further certify in
               writing that he or she has familiarized himself or
               herself with local court rules and will familiarize
               himself or herself with the appropriate Civil Rules,
               Rules of Evidence, and the Code of Professional
               Responsibility; 

               C)  The sponsoring attorney shall submit with the
               motion and certification, an entry authorizing
               approval of the motion;

               D)  The sponsoring attorney, or any other attorney
               licensed to practice law in the State of Ohio, shall
               be co-counsel with the attorney admitted pro hac
               vice.
    
               The continuance of any scheduled trial or hearing
               date shall not be permitted solely because of the
               unavailability or inconvenience of the out of state
               counsel.

COMPLIANCE

 

              
               RULE 77.1     The Court may, in its discretion,
               appoint an attorney and other person(s),
               answerable to the Court, who shall investigate the
               circumstances surrounding any failure or
               apparent failure of a fiduciary or the fiduciary's
               attorney to comply with the laws, the Rules of
               Superintendence, or these rules. The appointee(s)
               shall file a written report with the Court. The
               compensation for the appointee(s) performing
               these services shall be fixed by the Court,
               according to the circumstances of each case, and
               shall be taxed as costs or charged to the
               fiduciary.
    

SUPERVISION OF ESTATES, TRUSTS, AND GUARDIANSHIPS

 

              
               RULE 78.1     Certificate of service of notice of
               probate of will

                        (A) Fiduciaries appointed to administer
               estates of decedents who have died testate on or
               after January 1, 2002 are required to file
               certificate of service of notice of probate of will
               with waivers or certified cards attached, within
               sixty days of their appointment or be subject to
               removal proceedings.

                                    (1) On the sixtieth day after
               the appointment, a notice is sent
               to the attorney for the fiduciary stating that the
               fiduciary will be removed for failure to file the
               certificate.

                                    (2) If the certificate is not filed
               within fifteen days, a citation is sent to the
               fiduciary indicating that removal will occur if the
               certificate is not filed within fifteen days.

                                    (3) If the certificate is filed, the
               Court records the filing and advances the system
               to the next statutory filing requirement.

                                    (4) If the fiduciary fails to file the
               certificate within the required time period, the
               fiduciary is removed and a successor fiduciary is
               appointed.

                                    (5) Extensions of time for filing
               the certificate may be granted for good cause
               shown by judgment entry.

               RULE 78.2     Notice to File Inventory in
               Estates, Trusts or Guardianships

                        (A) Notice must be timely sent to the
               fiduciary to file the inventory.

                                    (1) On the ninetieth day from the
               appointment of the fiduciary in a decedent's
               estate, a guardianship, or trust, a notice is sent to
               the attorney for the fiduciary indicating that if an
               inventory is not filed, removal will occur.

                                    (2) If the inventory is not filed
               within fifteen days, a citation is sent to the
               fiduciary indicating that removal will occur if an
               inventory is not filed in fifteen days.

                                    (3) If the inventory is filed, the
               Court records the filing and advances the system
               to the next statutory filing requirement.

                                    (4) If the fiduciary fails to file
               the inventory timely, the fiduciary is removed
               and a successor is appointed.

                                    (5) Extensions of time for filing
               inventories may be granted for good cause shown
               by judgment entry.

               RULE 78.3     Surviving Spouse's Right of
               Election

               "After the initial appointment of an
                administrator or executor of the estate, the
               probate court shall issue a citation to the
               surviving spouse, if any is living at the time
               of the issuance of the citation, to elect whether
               to exercise the surviving spouse's rights under
               Chapter 2106 of the Revised Code, including, after
               the probate of the will, the right to elect to take
               under the will or under section 2105.06 of the
               Revised Code."  R.C. 2106.01

               RULE 78.4     Accounting by the Fiduciary

                                (A) At the time required by R.C.
               2109.301 for the filing of an account, a notice is
               sent to the attorney for the fiduciary to file an
               account or the fiduciary will be removed.

                                (B) If an account is not filed within
               fifteen days of the notice, a citation is sent to the
               fiduciary indicating that removal will occur if an
               account is not filed within fifteen days.

                                (C) If the account is not filed, the
               fiduciary is removed and a successor fiduciary is
               appointed.

                                (D) When a final account is filed and
               approved, the estate, trust, or guardianship is
               removed from the system, and the case documents
               may be microfilmed or digitally stored and
               disposed.

                                (E) Extensions of time for filing
               accounts may be granted for good cause shown by
               judgment entry.

               RULE 78.5     The Court may require
               verification of births, deaths or marriages to be
               filed into the court record.

               RULE 78.6     All fiduciaries shall deposit assets
               in a fiduciary account. Unless otherwise ordered
               by the Court, the fiduciary account shall be
               maintained in an institution within the boundaries
               of Trumbull County, Ohio. All assets shall
               remain in the state of Ohio unless otherwise
               authorized by judgment entry.
 
               RULE 78.7     (A) Upon the written consent of the
               parties, the Court may send all notices and 
               citations via electronic mail.

                                     (B) Electronic proof of service for
                certified or express mail sent by the Court shall be
                deemed in compliance with the service requirements
                of Civil Rule 73 and Civil Rules 4.0 through 4.6
                pursuant to authorization from the Supreme
                Court of Ohio on September 19, 2005.


CASE MANAGEMENT OF ADVERSARY PROCEEDINGS

 

              
               RULE 78.8     Adversary proceedings, as used in
               this rule, shall include the following actions: Will
               Contest; Declaratory Judgment; Determination
               of Heirs; Construction of Will; Complaint for
               Accounting; Antenuptial Agreement;
               Concealment of Assets; Land Sales; Complaint to
               Purchase; Complaint for Judgment Entry
               Declaring Will Valid; Presumption of Death;
               Appropriations; and Objections to Inventories
               and Accounts.

                                    (1) A pre-trial conference should
               be set thirty days after the answer date.  Counsel
               shall be present and prepared to report on the 
               following:
                                      1.  Whether all necessary
                                            parties have been joined and 
                                            served with process; 
                                      2. Whether answers, counterclaims
                                           and/or crossclaims have been
                                           filed; 
                                      3. Issue(s) to be litigated; 
                                      4. Whether trial is to bench or  
                                           jury;
                                      5. Anticipated length of trial; 
                                      6. Whether settlement negotiations
                                           have taken place; 
                                      7. Status of discovery; 
                                      8. Whether trial subpoenas are
                                           expected; 

                Counsel shall bring their trial schedules and/or
                calendars and be prepared to schedule the
                following: 
                                       1. Trial date; 
                                       2. Discovery cut-off; 
                                       3. Identification of expert
                                           witnesses and production of
                                           documents report; 
                                       4. Deadline for filing of pretrial
                                           motions and replies; 
                                       5. Deadline for witness lists to be
                                            exchanged and filed with the
                                            Court; 
                                       6. Deadline for exhibits to be
                                            exchanged and filed with the
                                            Court; 
                                       7. Deadline for filing objections to
                                            exhibits; 
                                       8. Deadline for filing of
                                            stipulations.

                                    (2) Notice of the pre-trial
               conference shall be given to all attorneys of
               record by mail at least fourteen days prior to pre-
               trial.

                                    (3) All requests for continuances
               of the pre- trial conference shall be by motion.
               The motion shall indicate whether counsel agrees
               or opposes the continuance.  Counsel shall notify
               their respective clients and witnesses to any change
               in the date and time of any trial or pretrial.

                                   (4)  Failure to appear for the pretrial
                conference or failure to comply with this local
                rule in any manner, may result in the imposition
                of sanctions including, but not limited to, 
                monetary sanctions.

                                    (5) At the conclusion of the
               pre-trial conference, the Court shall prepare a
               pre-trial order setting forth:

                                            (1) Discovery deadline date;
                                            (2) Exchange of witness list
                                                  deadline date;
                                            (3) Pleading and briefing
                                                  schedules; and,
                                            (4) a trial date.

                                    (6)   If a party is represented by
                multiple counsel, a designation of lead and/or
                trial counsel shall be filed in the record.

                Rule 78.9   Counsel shall provide the Court with
                copies of all exhibits offered to be admitted to
                the record.