LOCAL RULE 60.1 APPLICATION FOR LETTERS OF AUTHORITY TO ADMINISTER ESTATE AND NOTICE OF APPOINTMENT
 
  1. Estate Administration.

    1. 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.

    2. Notice of Application/Stepparent

      If a surviving spouse files an application to be appointed as administrator of an intestate estate, and is:

      1. not the natural parent of the decedent's child or children, and is,
      2. 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:

      1. that an application has been filed for the appointment of the spouse as administrator, and
      2. time and place of the hearing for the application.

    Notice may be waived, in writing, by the next of kin.

    1. 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.

  2. 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.

  3. Bond - Litigation Only Estates.

    1. If next of kin, beneficiaries under Will, or attorney is applying, bond may be dispensed with if all next of kin or beneficiaries consent.

    2. If estate is opened by a Plaintiff in order to establish an entity to be the Defendant for purposes of civil litigation, bond may be dispensed with.

[Former Rules 27.1 and 27.2 amended and renumbered as Rule 60.1, effective June 10, 1998; amended effective July 1, 2010.]

 

 

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