| LOCAL RULE 60.1 |
APPLICATION FOR LETTERS OF AUTHORITY TO ADMINISTER
ESTATE AND NOTICE OF APPOINTMENT |
- Estate Administration.
-
Non-Resident Fiduciary
Upon Motion, the Court will appoint as executor a
spouse or next of kin named in the Will who is a non-resident
of the State of Ohio, provided that a resident of
Ohio is also appointed as an Administrator with the
Will Annexed.
-
Notice of Application/Stepparent
If a surviving spouse files an application to be appointed
as administrator of an intestate estate, and is:
- not the natural parent of the decedent's child
or children, and is,
- entitled to a priority of appointment under
R.C. 2113.06,
the surviving spouse shall, in accordance
with Rule 73 of the Ohio Rules of Civil Procedure,
cause to be served on all competent adult next of
kin of the decedent who reside in the State of Ohio
a notice containing the following:
-
that an application has been
filed for the appointment of the spouse as administrator,
and
-
time and place of the hearing
for the application.
Notice may be waived, in writing, by the next of kin.
-
Status Report by Fiduciary
The fiduciary of an estate, or the attorney of record,
shall file an annual report with the Court on the
anniversary date of the estate opening, explaining
the status of the estate and why the case is not closed.
- Qualification of Fiduciary.
No person shall be appointed as an executor,
administrator, guardian, receiver, trustee or assignee
who cannot read, write and speak the English language,
unless the Court, for good cause shown, directs otherwise.
The Court may require a hearing with the applicant prior
to allowing appointment as fiduciary.
[Former Rules 27.1 and 27.2 amended and renumbered as
Rule 60.1, effective June 10, 1998.]
|