Lorain County Local Rules

Table of Contents & Full Document

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Rule #	Section Title	Page #
5.01	Use of Restraints on a Child	8
6.01	Pro Hac Vice (Admission for a Case)	9
8.1	Court Appointments	10
9.1	Security Plan	13
11.1	Recording of Proceedings	14
16.1	Mediation	16
26.1	Court Records Management and Retention	20

Rule #	Court Records	Page #
45.1	Court Records – Public Access - Personal Identifiers	22
51.1	Standard Probate Forms - Form Availability	23
52.1	Specifications for Printing Probate Forms - Computerized Forms	24
53.1	Hours of the Court	25
55.1	Examination of Probate Records - Photocopies	26

Rule #	Filings and Judgment Entries	Page #
57.1	Facsimile Filings	27
57.2	Current Street Address	27
57.3	Case Number	27
57.4	Original Signatures	27
57.5	Fiduciary Signature	28
57.6	Court Filings	28
57.7	“Filed” Stamped Copies	29
57.8	Instructions for Service of Summons or Notice	29
57.9	Exhibits	30
57.10	Entry of Judgment	31
57.11	Length of Memorandum or Brief	31
57.12	Certificate of Service	31
57.13	Decedent's Names	31
57.14	Court Service of Filings	32

Rule #	Deposit for Court Costs	Page #
58.1	Deposits	34
58.2	Publication Costs	34
58.3	Witness Fees	34
58.4	Insufficiency of Costs Deposit	34

Rule #	Wills	Page #
59.1	Certificate of Service	35
59.2	Will for Deposit	35

Rule #	Application for Letters of Authority to Administer Estate and Notice of Appointment	Page #
60.1	Acceptance and Notice of Appointment	36
60.2	Appointment of Non-Resident Fiduciaries	36
60.3	Identification With Photograph Required	37
60.4	Calculation of Executor/Administrator Compensation	37
60.5	Spousal Citation and Summary of Rights	37

Rule #	Claims Against Estate	Page #
62.1	Medicaid Recovery Acknowledgment	39
62.2	Special Administrator for Receipt of Claims	39

Rule #	Accounts	Page #
64.1	Fiduciary's Signature	41
64.2	Contents of Probate Accountings	41
64.3	Extensions for Filing An Account	41
64.4	Vouchers	42
64.5	Detailed Account Compliance Audits	42
64.6	Bond	43
64.7	Evidence of Assets	43
64.8	Time for Filing	43
64.9	Hearing, Certificates, and Service	44

Rule #	Land Sales	Page #
65.1	Title Evidence	46
65.2	Approval of Description	47
65.3	Report of Distribution	47
65.4	Consent to Power to Sell Real Estate	48
65.5	Military Service Affidavit	48

Rule #	Guardianships	Page #
66	Series Numbering	48
66.01	Definitions	48
66.02	Application of Rules	48
66.03(A)	Emergency Guardianships	48
66.04	(RESERVED)	53
66.05(A)	Guardian Background Checks	53
66.05(B)	Guardian With Ten or More Adult Wards	53
66.06	Guardian Fundamentals Training Requirement	54
66.07	Guardian Continuing Education	55
66.08	General Responsibilities of the Guardian to the Court	55
66.09	General Responsibilities of the Guardian to the Ward	57
66.10	Guardianship of Minors	58
66.11	Next of Kin for Guardianship of Incompetent Adults	59
66.12	Inventory, Fund Release, Expenditures and Identification of Legal Documents	59
66.13	Guardian's Report	60
66.14	Deposit of Will By Guardian	60
66.15	Powers of Attorney By Guardian Prohibited	61
66.16	Terminations	61
66.17	Indigent Wards	61
66.18	Veterans' Guardianships	62
66.19	Guardianship Visitors Program	62
66.20	Additional Cost Deposit	62

Rule #	Estates of Minors	Page #
67.1	Dispense With Guardianship	63
67.2	Birth Certificate	63
67.3	Responsibility for Deposit of Funds	63

Rule #	Settlement of Injury Claims of Minors	Page #
68.1	Birth Certificate	64
68.2	Separate Case Number	64
68.3	Responsibility for Deposit of Funds	64
68.4	Structured Settlements	64

Rule #	Settlement of Claim for Adult Ward	Page #
69.1	Separate Case Number	66
69.2	Responsibility for Deposit of Funds	66
69.3	Structured Settlements for Adult Ward	66

Rule #	Settlement of Wrongful Death and Survival Claims	Page #
70.1	Settlement of Claims	67

Rule #	Counsel Fees	Page #
71.1	Attorney Fees	68
71.2	Attorney Serving as Fiduciary	69
71.3	Early Payments of Attorney Fees	69
71.4	Notice and Consent for Attorney Fees in Estates	70
71.5	Notice and Consent for Attorney Fees in Guardianships	70
71.6	Notice and Consent for Attorney Fees in Trusts	71
71.7	Contested Fees	71
71.8	Contingent Fees	71

Rule #	Guardian's Compensation	Page #
73.1	Guardian's Compensation	73
73.2	Indigent Guardianship Fund Payments	75

Rule #	Trustee's Compensation	Page #
74.1	Trustee's Compensation	76

Rule #	Local Rules	Page #
75.1	Guardian Ad Litem	78
75.2	Adoptions	78
75.3	Custodial Deposits in Lieu of Bond	80
75.4	Surety Bonds	81
75.5	Release and Summary Release of Estates from Administration	81
75.6	Wills in Safe Deposit Box	82
75.7	Marriage License Applicants	83
75.8	Minor Marriage License Applicants	83
75.9	Ohio Estate Tax Return (for Persons Dying Prior to January 1, 2013)	83
75.10	Withdrawal and Substitution of Counsel	83
75.11	Deposit of Guardianship Nomination Instrument	84
75.12	Name Changes – Minor	84
75.13	Motions/Briefs	85

Rule #	Case Management in Decedent's Estates, and Trusts	Page #
78.1	Inventory	86
78.2	Electronic Return Receipt	88
78.3	Certificate of Transfer of Real Estate	88
78.4	Requests for Jury Trial	89
78.5	Evidence of Death	89
78.6	Special Needs Trusts	89
78.7	Non-Oral Insolvency Hearings	90
78.8	Unclaimed Inheritances	91
78.9	Civil Case Management Procedures	92
78.10	Trial Witnesses	93

Rule #	Local Forms Index (Lorain County P.C. Forms)	Page #
1.1A	Request for Summons or Notice In Civil Action	97
4.0A	Fiduciary's Acceptance	99
7.1A	Medicaid Recovery Acknowledgment	100
13.7A	Waiver of Notice of Hearing and Consent to Account	101
13.9A	Certificate of Service of Account and Notice of Hearing	102
22.3A	Initial Verification of Receipt and/or Deposit of Custodian	103
22.3B	Annual Verification of Funds With Restricted Access	104
59.2A	Will for Deposit	105
59.2B	Certificate for Deposit of Will	107
60.2A	Application of Non-Resident Fiduciary to Deposit Assets With a Custodian In Lieu of Bond	108
60.4A	Calculation of Executor/Administrator Compensation	110
66.10A	Guardian's Credibility Supplement	111
66.11A	Affidavit of Indigency	112
71.4A	Consent to Attorney Fees	113
73.1A	Calculation of Guardian Compensation	114
74.1A	Calculation of Trustee Compensation	115
75.0A	Notice of Change of Address	116
75.7A	Application for Entry of Safe Deposit Box	117
75.7B	Report on Entry of Safe Deposit Box	118
78.2A	Certificate of Service of Inventory and Notice of Hearing	119
78.2B	Waiver of Notice of Hearing and Consent to Inventory	120
78.11	Application for Unclaimed Inheritances	121