Butler County Court House

Frequently Asked Questions:
Court Services

These are the most frequently asked questions about Court Services.

Q1.      Do I need an attorney to complete forms or to represent me in a proceeding filed in Probate Court?

 

A1.      A person is allowed to represent himself or herself or proceed "pro se" in a proceeding filed in Probate Court.  However, under Ohio law "pro se litigants are bound by the same rules and procedures as those litigants who retain counsel. They are not to be accorded greater rights and must accept the results of their own mistakes and errors."  Meyer v. First Nat. Bank of Cincinnati (1981) 3 Ohio App. 3d 209.  Therefore, the Court strongly recommends that all persons appearing in Probate Court and especially those named as a party in a civil action retain an attorney to represent them.

 

Q2.      Do I need a will?

A2.      Everyone should have a will. A properly drawn and executed will assures that after a person dies, that person's property, after payment of valid debts and expenses,  will be distributed as the person wants it to be distributed.  If a person does not have a will, after their death, their property will be distributed according to Ohio's Statute of Descent and Distribution.

            By using a will, a person can choose who will be appointed by the Probate Court to take charge of administering their estate and can also choose who they want to become guardian of their minor children.

A person should review their will periodically with an attorney in order to keep the will up to date. 

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