Cleveland Law Library Weblog

Ohio Supreme Court Adopts New Probate Forms for Alcohol and Drug Treatment and Public Notice Waivers for Name Changes

The Ohio Supreme Court has just adopted new Probate Court forms for alcohol and drug treatment and public notice waivers for name changes. According to the Court, new Forms 26.0-26.14 were designed for the following situations:

"A person petitioning the court for the involuntary treatment can now submit forms to demonstrate that someone is suffering from alcohol or other drug abuse; represents a danger to himself or herself, family members, or others; and would likely benefit from treatment. The forms also include a physician evaluation, a form for emergency commitment if a respondent refuses to undergo the required evaluation, and various hearing notices."

In addition, 

"The Court also approved a new probate form to allow a person seeking a name change to do so without publishing it in a newspaper if his or her personal safety would be threatened by its publication. Applicants could include domestic violence victims or those under orders of protection. Form 21.6 reflects a process provided in R.C. 2717.01(A)(4), which requires notice of the name change in a general circulation newspaper. An applicant now can use the form to ask the probate court to waive the requirement."

The new forms will be added to the existing Standard Probate Forms in the Rules of Superintendence for the Courts of Ohio.

For more information, read the Ohio Supreme Court's New Release.

Ohio Supreme Court Adopts Revised Probate Forms That Will Take Effect March 1st, 2014

The Ohio Supreme Court has adopted revised probate forms that will take effect on March 1, 2014. These new forms concern real property certificates of transfer, foreign adoption, and disinterment applications and relate to Probate Forms 12.0, 12.1, 19.2, 19.3, 25.0, 25.1, 25.2, 25.3, 25.4, 25.5, and 25.6. Forms 12.0 and 12.1 relating to Certificates of Transfer have been revised, but the rest of the forms are new:

Form 19.2 (Petition to Recognize Foreign Adoption)

• Form 19.3 (Order for Ohio Birth Record for Foreign Born Child)

• Form 25.0 (Application for Order to Disinter Remains)

• Form 25.1 (Judgment Entry Setting Hearing on Application for Disinterment)

• Form 25.2 (Notice on Hearing for Disinterment)

• Form 25.3 (Affidavit of Service of Notice of Hearing on Application for Disinterment)

• Form 25.4 (Verification of Reinterment)

• Form 25.5 (Waiver of Notice of Application to Disinter Remains)

• Form 25.6 (Order to Disinter Remains)

Practical Probate Practice CLE Program Will Be Held at the Cleveland Law Library on Friday, November 16, 2012

On Friday, November 16, 2012, the Cleveland Law Library is sponsoring a probate CLE captioned Practical Probate Practice for the Local Practitioner. Because changes are likely coming very soon for estate taxation, William A. Duncan plans to update attendees on the most current legislative developments in this area. Utilizing practice scenarios he commonly encounters in Cuyahoga County’s Probate Court, Bradley Hull IV will then discuss probating estates ranging from a full administration to a release of assets.  Finally, Magistrate Charles T. Brown will explain all of the new changes that the Cuyahoga County Probate Court has implemented to streamline local probate practice, including Local Rule amendments and statutory changes. Those who are interested can find the registration form on our website or register in person on the 4th floor of the Law Library. The program is only $70 for members and will provide 2.5 hours of Ohio continuing legal education.

Ohio Supreme Court Adopts 7 New Standard Probate Forms for Representation of Insolvency Cases

The Ohio Supreme Court has adopted 7 new Standard Probate Forms for representation in insolvency cases. The new forms, which can be found at the Supreme Court's website, include:

• Standard Probate Form 24.0 – Representation of Insolvency
• Standard Probate Form 24.1 – Judgment Entry Setting Hearing and Ordering Notice
• Standard Probate Form 24.2 – Notice of Hearing on Representation of Insolvency and Schedule of Claims
• Standard Probate Form 24.3 – Verification of Service: Notice of Hearing on Representation of Insolvency and Schedule of Claims
• Standard Probate Form 24.4 – Insolvency Schedule of Claims
• Standard Probate Form 24.5 – Continuation Insolvency Schedule of Claims
• Standard Probate Form 24.6 – Judgment Entry of Insolvency

The rest of existing Ohio's Standard Probate Forms can be found on the Court's website on the page for Rules of Court.

 

Cuyahoga County Probate Court Posts New Mediation Rules

On September 23, 2011, the Cuyahoga County Probate Court posted changes to its mediation rules that affect Local Rules 11.1, 16.1 and 53.1. The new Rules can be found at this link on the Court's website. As we indicated in a prior post, the Probate Court began offering mediation services earlier this month.

Ohio Supreme Court Adopts New and Revised Standard Probate Forms

The Ohio Supreme Court has adopted "new and revised standard probate court forms that concern personal identifiers, wrongful death and survival claims settlements, and petitioner’s accounts." Click here to review the new language. The new changes become effective very soon on September 1, 2011.

Cuyahoga County Pobate Court to Offer Mediation Beginning in September

Beginning in September, the Cuyahoga County Probate Court will be offering mediation services. This service will be available upon request or by court order. According to the information provided by the Court, the Court can either assign a magistrate who has not previously worked on a case or an attorney to serve as a mediator. Eligible attorneys must possess 5 years of probate experience and complete a 12-hour mediation training program. Under this new program, the Court will pay $700 toward the first 4 hours of mediation, and the rest is either up to the parties or paid as outlined in a court order. The Court is creating a list of attorneys who are interested in serving as mediators, and interested persons can send a letter of interest with their experience and compensation rate to: Magistrate John Homolak, Court Administrator, Probate Court, 1 Lakeside Ave, Room 113, Cleveland, Oh 44113.

Cuyahoga County Probate Court Has Revised Its Local Rules of Court

The Probate Court for Cuyahoga County has revised its Local Rules of Court. The new Rules have been integrated into the Court's online repository of rules.  The new changes affect Rule 71.1 regarding attorney fees for a decedent's estate and Rule 73.1 regarding a guardian's compensation. You may also want to review the Court's online form for the Computation of Attorney Fees.

Ohio Supreme Court Translates Common Forms into 5 Languages

The Ohio Supreme Court has translated 27 common forms used in general, domestic relations, juvenile and probate court cases into Spanish, Arabic, Mandarin, Russian, and Somali. A few of the key forms include those related to domestic violence and stalking. Click here to find the translated forms.

Ohio Supreme Court Seeks Comments on Proposed and Revised Probate Forms

The Ohio Supreme Court is seeking comments until July 21st on new and proposed revisions to various probate forms. According to the Court's press release, the new forms would address adoptions, name changes, and incapacitated adults. Click here to read the proposed changes to corresponding rules and take a sneak peak at the forms. Click here to link to Cuyahoga County Probate Court's forms page.