(A) Each fiduciary shall adhere to the statutory or court-ordered time period for filing the inventory, account, and, if applicable, guardian’s report. The citation process set forth in section 2109.31 of the Revised Code shall be utilized to ensure compliance. The attorney of record and the fiduciary shall be subject to the citation process. The court may modify or deny fiduciary commissions or attorney fees, or both, to enforce adherence to the filing time periods.
(B)
(1) If the decedent’s estate must remain open more than six months pursuant to R.C. 2109.301(B)(1), the fiduciary shall file an application to extend administration (Standard Probate Form 13.8)
(2) An application to extend the time for filing an inventory, account, or guardian’s report shall not be granted unless the fiduciary has signed the application for the continuance.
(C) The fiduciary and the attorney shall prepare, sign and file a written status report with the court in all decedent’s estates that remain open after a period of one year from the date of the appointment of the fiduciary. At the court’s discretion, the fiduciary and the attorney shall appear for a status review.
(D) The court may issue a citation to the attorney of record for a fiduciary who is delinquent in the filing of an inventory, account, or guardian’s report to show cause why the attorney should not be barred from being appointed in any new proceeding before the court or serving as attorney of record in any new estate, guardianship, or trust until all of the delinquent pleadings are filed.
(E) Upon filing of the exceptions to an inventory or to an account, the exceptor shall cause the exceptions to be set for a pretrial within thirty days. The attorneys and their clients, or individuals if not represented by an attorney, shall appear at the pretrial. The trial shall be set as soon as practical after pretrial. The court may dispense with the pretrial and proceed directly to trial.
B.C.L.R. 78.1 CASE MANAGEMENT IN DECEDENT’S ESTATE, GUARDIANSHIP AND TRUSTS
The fiduciary of every decedent’s estate shall file a written status report whenever a partial account, waiver of partial account, or affidavit and entry in lieu of a partial account is filed. If an estate is not fully administered within two years, the matter will be referred to a magistrate to determine whether court intervention is necessary.
B.C.L.R. 78.2 CASE MANAGEMENT AND PRE-TRIAL PROCEDURE FOR CIVIL ACTIONS
The following shall apply to all civil actions filed in the court unless otherwise provided in these local rules. Civil actions filed in the court shall include actions seeking a determination of the validity of a will during the testator’s lifetime filed pursuant to R.C. §2107.081 and R.C. §2731.03, other actions seeking declaratory judgments filed pursuant to R.C. §2731.03, actions seeking the direction or judgment of the court filed pursuant to R.C. §2107.46, actions to contest the validity of a will filed pursuant to R.C. §2107.71, actions to sell real estate filed pursuant to R.C. §2127.10, actions seeking authority to lease real estate filed pursuant to R.C. §2111.27, actions to improve a ward’s real estate filed pursuant to R.C. §2127.33, and any other actions filed in the court to which the Rules of Civil Procedure apply.
(A) Filings.
(.1) Any paper submitted to the clerk for filing shall contain in legible or printed form the name, address, and telephone number of the attorney who will act for the party, together with his designation as trial counsel.
(2) The proof of service on all filings shall state the date and manner of service and, in addition, shall state the name and business address of each attorney or party to whom the filing is directed, and shall be signed in accordance with Ohio Civil Rule 11.
(3) Beginning January 1, 1992, each attorney will include, as part of his identification, his Ohio Supreme Court registration number
B.C.L.R. 78.3 INCORPORATION BY REFERENCE OF THE LOCAL RULES OF THE GENERAL DIVISION OF THE COURT OF COMMON PLEAS
The Local Rules of the General Division of the Butler County Court of Common Pleas shall apply to all civil proceedings filed in the Court and are incorporated in these Rules by reference.
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