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-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.

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 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.

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.  
               

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 

 

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
 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.
  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

 
 

ENTER APPEARANCE AS ATTORNEY OF RECORD

 

              
               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.               

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 $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.

 

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 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.

    

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     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.              

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.

               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.

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.

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