The Court will make a digital recording of the proceedings as the record of the Court unless a stenographic record is requested. Parties who desire to have a stenographic record of the proceedings must make their own arrangements for a court reporter at least twenty-four (24) hours prior to the scheduled hearing. The requesting party shall pay the costs of the stenographic record unless otherwise ordered by the Court.

The Court will allow an interested person to listen to a copy of the electronic recording upon request made not less than twenty-four (24) hours in advance. Tapes may not be removed from the Court.

Any interested person may request an electronic recording be transcribed by a stenographer approved by the Court. The person making the request shall pay the cost of the transcription.

All electronically recorded proceedings will be maintained by the Court for three (3) years from the date of the hearing. Any interested person desiring to preserve the record beyond that period must make arrangements to have the record transcribed.

During the administration of the estate or, if the estate is closed within twelve (12) months of the appointment of the appraiser, no appraiser shall directly or indirectly purchase or negotiate the purchase, sale, trade, or management of property that he or she has appraised.

Any claim against an estate filed with the Court pursuant to Ohio R.C. 2117.06(A)(1)(b) shall be in the form of a complaint, filed as a civil action, and heard not on its merits, but on whether the claim is accepted or rejected. A deposit of Seventy-five and No/100 ($75.00) is required.

(B) The Court will not establish a guardianship for school purposes only. Custody for school purposes is a matter to be heard and determined by the Juvenile or Domestic Relations Divisions.

(C) The Court will not establish any guardianship over the person of a minor where another Court has jurisdiction over custody of the minor.

(D) Minors who are not U.S. citizens or resident aliens are not considered by this Court to be residents or have legal settlement as set forth in Ohio R.C. 2111.02 (A).

(E) No guardian of the person of a minor may create a power of attorney pursuant to Ohio R.C. 3109.52 transferring the guardian’s rights and responsibilities without specific authority of the Court.

All institutions holding controlled accounts under Ohio R.C. 2111.05 shall annually file statements with the Court disclosing the year-end balance and all activity of each account. The statements shall be filed between January 1 and February 28 of each year.

In the event that parties involved in claims for injuries to minors or incompetents desire to enter into a structured settlement, defined as a settlement wherein payments are made on a periodic basis, the following rules shall apply:

(A) The application shall include a signed statement from one of the following independent professionals, specifying the present value of the settlement, and the method of calculation of that value: an actuary, certified public accountant, certified financial planner, chartered life underwriter, chartered financial consultant, or an equivalent professional.

(B) If the settlement is to be funded by an annuity, the application shall include a signed statement by the annuity carrier or the broker procuring the policy stating:

1. The annuity carrier’s ratings from at least two of the following organizations, which meet the following criteria:

1. A.M. Best Company: A++, A+, or A;
2. Fitch Ratings (Financial Strength): AAA, AA+, or AA;

(C) In addition to the requirements of Paragraph (B) above, an annuity carrier must meet any other requirement the Court considers reasonably necessary to assure that funding to satisfy periodic payment settlements will be provided and maintained.

The Court has adopted and filed a prototype Wrongful Death Trust under Case Number 424,500, which is available at the Court and on the Court’s Web site: www.franklincountyohio.gov/probate. Attorneys who wish to use the prototype must file an acknowledgment that the trust conforms to the current prototype. An attorney who wishes to create his or her own form of trust must submit the form of trust to the Court at least seven (7) days prior to the hearing on the wrongful death settlement.

In guardianship administration, the Court shall consider applications for attorney fees for the establishment of the guardianship upon the filing of the inventory, and shall consider additional fees annually upon the filing of each account. Notice of the application shall be given to the guardian of the estate, and upon order by the court, other interested persons. The guardian of the estate may waive notice of the hearing and consent to the payment of fees. All applications for attorney fees in guardianships shall be accompanied by a statement of all attorney and guardian fees approved by the Court in that guardianship in the last five (5) years.

After the death of the ward, the Court will consider attorney fees and guardian fees as liens on the ward’s assets. If the fees are approved by the Court, the fees may be paid out of the guardianship assets and included in the final guardianship account.

The Court may require notice of the hearing on the fees be given to other interested persons, including the estate fiduciary of a deceased ward.

All custodial deposits of personal property, securities, and monies must comply with Ohio R.C. 2109.13. All institutions desiring to be a depository must satisfy the Court of their authorization and certification by the State of Ohio.

All custodial depositories shall annually file statements with the Court disclosing the year-end balance and all activity of each account. The statements shall be filed between January 1 and February 28 of each year.

Compensation for trust companies holding securities as custodial depositories shall be in accordance with their published fee schedule which shall be filed with this Court under Case No. 368,530.

All estates will initially be scheduled according to the six-month administration schedule of Ohio R.C. 2109.301(B). In those estates meeting the requirements for extended administration stated in Ohio R.C. 2109.30(B)(1)(a)-(f), the administrator or executor shall file a notice or application (Standard Probate Forms 13.8 or 13.10) to extend the filing deadlines.

Upon the appointment of a successor fiduciary, the estate will be rescheduled for a six-month administration unless the successor administrator or executor files a notice or application (Standard Probate Forms 13.8 or 13.10) to extend administration.