(A) Notice of an application for appointment of administrator shall be served at least seven days prior to the date set for hearing. If there is no known surviving spouse or next of kin resident of the state, the notice shall be served upon persons designated by the court.
(B) The administrator shall give notice of the appointment within seven days after the appointment to all persons entitled to inherit, including persons entitled to an allowance for support, unless those persons have been provided notice of the hearing on the appointment or have waived notice.
(C) The probate court shall serve by certified mail the spousal citation and summary of rights required by R. C. 2106.02 to the surviving spouse within 7 days of the initial appointment of the administrator or executor, unless a different time is established by local court rule.
B.C.L.R. 60.1 STANDARD PROBATE FORM 1.0 FILING REQUIREMENT
(A) A fully completed list of the Surviving Spouse, Children, Next of Kin, Legatees, and Devisees (Standard Probate Form 1.0) shall be filed with each Application for Authority to Administer Estate (Standard Probate Form 4.0). [In estates in which an Application to Probate Will (Standard Probate Form 2.0) has been filed with an accompanying Standard Probate Form 1.0, it will not be necessary to file a second Standard Probate Form 1.0.]
(B) If during the administration of an estate the executor or administrator, or, in those cases in which an application to relieve the estate from administration has been filed the applicant, discovers that any information set forth on the Standard Probate Form 1.0 is incorrect, the executor, administrator, or applicant shall promptly file an amended Standard Probate Form 1.0 setting forth the correct information.
B. C. L. R. 60.2. MISCELLANEOUS REQUIREMENTS REGARDING THE FILING OFAPPLICATION FOR AUTHORITIY TO ADMINISTER ESTATE
[Effective date: 11/7/2008]
(A) Except as otherwise provided in this Rule, applicants seeking to be appointed as the executor or administrator of a decedent’s estate shall fully complete all portions of the Application For Authority To Administer Estate (Standard Probate Form 4.0), including the portion of the form that requires a statement by the applicant of the “estimated value of the estate.” Failure to fully complete the Form 4.0, including the portion of the form that requires a statement by the applicant of the “estimated value of the estate,” will be deemed to be an incomplete filing and may be rejected by the Clerk, or if filed, may later be stricken from the Court’s record without hearing. (NOTE: A notation on the portion of Form 4.0 that requires a statement by the applicant of the “estimated value of the estate,” such as “to be determined,” or “unknown,” or some similar phrase or term, shall be deemed to constitute an incomplete filing.)
[Effective date: 11/7/2008]
(1) The requirement set forth in paragraph (A) above shall not apply to a decedent’s estate in which (a) the estate is being opened to pursue a claim for wrongful death or survival action as a result of personal injury and there are no probate assets to be administered, or (b) the estate is being opened solely for the purpose of filing or continuing a cause of action in favor of or against the decedent’s estate. As set forth in paragraph (C) of this rule, in the case of either (a) or (b) above, the applicant shall file a “Classification Form For Estates (BCPC Form 412) stating that either (a) or (b) applies.
[Effective date: 11/7/2008]
(B) Except as otherwise provided in this Rule or ordered by the Court, applicants seeking to be appointed as the executor or administrator of a decedent’s estate shall file with their Application For Authority To Administer Estate (Standard Probate Form 4.0), an appropriate Fiduciary’s Bond (Standard Probate Form 4.2), unless (1) the decedent’s will requests that no bond be required, or (2) applicant is a trust company duly qualified in Ohio, or (3) the applicant is decedent’s surviving spouse and is entitled to the entire net proceeds of the estate, or the applicant is the decedent’s next of kin entitled to the entire net proceeds of the estate and there is no will. The Fiduciary’s Bond shall be in a penal sum not less than double the value of the probable value of the decedent’s personal estate and of the annual rentals which come into such person’s hands as the fiduciary.
[Effective date: 11/7/2008]
(C) In any case in which (a) the estate is being opened to pursue a claim for wrongful death or survival action as a result of personal injury and there are no probate assets to be administered, or (b) the estate is being opened solely for the purpose of filing or continuing a cause of action in favor of or against the decedent’s estate, at the time of the filing of the Application For Authority To Administer Estate (Standard Probate Form 4.0), the applicant shall also file a “Classification Form For Estates (BCPC Form 412) stating that either (a) or (b) applies.
[Effective date: 11/7/2008]