The Probate Court will be closed on Monday, February 18, 2019 for President’s Day. Filings due that day will be deemed timely if filed on Tuesday, February 19, 2019.
News and Updates
Local Probate Rules Adopted (effective 1/2/2019)
The Probate Court adopted the proposed revisions to the Local Rules effective 1/2/2019. Changes were made to Loc.R. 57.2 (Current Street Address); Loc.R. 57.6 (Court Filings -printed names below illegible signatures); Loc.R. 64.2 (Contents of Probate Accounts must reflect the gains/losses from real estate sales as per Sup.R. 64(B)); Loc.R 64.6 (Bond – consent sales of real estate may result in bond increase); Loc.R. 66.08 (Guardian Responsibilities – local form for seeking compensation for direct services by guardian); Loc.R. 68.5 (Structured Settlements may not extend beyond age 25 for a minor); Loc.R. 73.2 (Indigent Guardian payments may be made to certified National Master Guardians); Loc.R. 75.5 Releases and Summary Releases -require documentation of value and ownership); Loc.R. 78.4 (Jury Trials – failure to pay jury cost deposit results in waiver of jury, unless indigence established). A new Loc.R. 78.9 (Exceptions to Rules – recognizes the Court may grant exceptions to the local rules) was added. There were miscellaneous structure, punctuation and grammatical changes. A copy of the new rules is available on this website at the Local Rules/Local Forms page.
Building Address Changes (effective 1/1/2019)
The address for the building in which the Probate/Juvenile Court is located changed from 140 N. Sandusky St., Delaware, OH 43015 to 145 N. Union St., Delaware, OH 43015 on January 1, 2019. This a only a change in address to reflect that the location of the public entrance to the building is on N. Union St. and it did not involve a physical move of the court’s facilities. The mailing address continues to be PO Box 8006, Delaware, OH 43015-8006. On the same date, the address for the new County Courthouse which houses the General and Domestic Divisions, Court of Common Pleas, the County Clerk of Courts and Adult Probation changed from 110 N. Sandusky St., to 117 N. Union St. Attorneys should be mindful to update their office forms software to reflect the new address as the default address for the Court for standard forms and Notices.
Expansion of Mandatory Reporters of Abuse, Neglect and Exploitation of Elders (effective 9/29/18)
The Ohio Adult Protection Act has been broadened to expand the definition of mandatory reporters of abuse, neglect, and exploitation of protected persons age 60 or older. The list now includes pharmacists, dialysis technicians, firefighters, first responders, building inspectors, CPA’s, real estate agents, bank employees, financial planners, and individuals serving as a notary public. (RC 5101.63). Individuals who are mandatory reporters with reasonable cause to believe abuse, neglect or exploitation have occurred to protected persons age 60 or older are required to report it to adult protective services (DJFS) and receive specified civil and criminal immunity when doing so.
Appointment of a Successor Custodian under OH UTMA
The Court has created a specific link and web-page to assist with the procedure for obtaining the Court’s designation of a successor Custodian for assets being held by a resigning, deceased, or incompetent Custodian under the Ohio Uniform Transfer to Minors Act. Local forms are provided on the web-page in PDF fillable format.
Guardianship Adult Jurisdiction Affidavit
All Applications for Appointment of Guardian for Incompetent must be accompanied by a completed Adult Jurisdiction Affidavit (DCPC Form 66.12). The form is available on this website at the “Guardianship-Adult” tab in the Pre-Hearing forms list.
Inventories with Real Estate Legal Descriptions Missing will be Rejected
Inventories containing real estate that do not also include the legal description for the property will be rejected as non-conforming filings. Filers of inventories (estates, trusts and guardianships) with real estate are reminded that Loc.R. 78.1(B) requires that an inventory that includes real estate also contain the legal description, address, and tax parcel identification number (PIN) for the real estate. Please take note and remind your office staff.
The 2017 Annual Report is now available.