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The Supreme Court of Ohio is accepting public comment on several proposed amendments to six standard probate forms. Several of the changes are in response to legislative changes, while others are formatting changes that will aid in efficient judicial administration. Comments will be accepted until Nov. 14.
The proposed amendments are to Standard Probate Forms 5.10, 12.0, 15.9, 16.1, 17.0, and 18.0.
Standard Probate Form 5.10 – Application for Summary Release from Administration – The proposed amendment reflects a statutory change pursuant to Amended Substitute House Bill 426, effective Oct. 12, 2006, which raised the funeral and burial expense credit for a spouse and a non-spouse from $2,000 to $5,000.
Standard Probate Form 12.0 – Application for Certificate of Transfer – The proposed amendments clarify that it is proper under Revised Code Section 2113.031 for assets to be transferred pursuant to summary release. In a summary release, the assets are not being transferred pursuant to the Statute of Descent nor the decedent's will. Currently, the form does not make allowance for a transfer of real property under summary release.
Standard Probate Form 15.9 – Oath of Guardian – The proposed amendments change the signature designation line to reflect amendments to Civil Rule 53 that were effective July 1, 2006.
Standard Probate Form 16.1 – Affidavit – The proposed amendment reflects a statutory change to the title of the form. The current form references Revised Code Section 3109.27, which was amended and renumbered in 2005.
Standard Probate Form 17.0 – Application for Appointment of Guardian of an Alleged Incompetent – The proposed amendment would delete the Social Security number of the applicant from the signature line information.
Standard Probate Form 18.0 – Petition for the Adoption of a Minor – The proposed form identifies, where applicable, the guardian ad litem of the minor in any permanent custody proceedings and the attorney representing the minor in the proceedings.
Rule amendments can be found by searching here http://www.supremecourtofohio.gov/ROD/Rule/List.asp
Contact: Chris Davey or Andrea Strle, 614.387.9250