Ross County Court of Common Pleas
2 N. Paint St., Suite A
Chillicothe, OH 45601
Phone (740) 774-1179 Fax (740) 774-3711
|
Ross County Court of Common Pleas 2 N. Paint St., Suite A Phone (740) 774-1179 Fax (740) 774-3711
|
WELCOME TO THE ROSS COUNTY PROBATE COURT
The Ross County Probate Court is one of the oldest operating courts in the State of Ohio. The Term “probate” comes from the Latin word probatum, meaning “to prove.” In early English religious courts, matters were proven before an ecclesiastical judge. Our early American probate courts may be traced back to the English courts of chancery and ecclesiastical, or religious courts, which had jurisdiction over the probate of wills, administration of estates and guardianships.
The first probate court in the United States was established in Massachusetts in 1794. Similar courts were subsequently established in other stated under the name of surrogate, orphan courts or courts of the ordinary.
The Northwest Ordinance of 1787 provided for the first probate judge and court in the Ohio territory. Chillicothe, located in Ross County, was designated the capital of the Territory Northwest of the River Ohio in 1800. General Arthur St Clair, the Territorial Governor, issued marriage licenses in 1798, when Ross County became a county.
Estate records or inventories of decedent estates were filed locally beginning in 1797. These early records reflect values made in two monetary systems, i.e. American dollars and cents and British pounds, shillings, and pence.
The first Ohio Constitution, written in Chillicothe, in 1802, established Courts of Common Pleas with exclusive jurisdiction of probate matters. The Constitution of 1851 removed probate matters from the jurisdiction of Common Pleas Courts and created a separate Probate Court in each county. Subsequent amendments to the constitution in 1912, 1951, 1968, 1973 and changes in the codified law in 1932 and 1976 have made the probate court what it is today: a special division of the court of common pleas. Each of Ohio’s 88 counties has a probate division of its court of common pleas.
The Probate Division of the Court of Common Pleas has jurisdiction concerning:
The probate Court has the responsibility to maintain records of all the services listed. These records are then delivered to the Ross County Probate-Juvenile Court Archives for records retention. The Ross County Probate-Juvenile Court Archives is a treasure trove of information for genealogy research and the public.
ALL FORMS MUST BE TYPEWRITTEN AND FILLED OUT COMPLETELY |
|
Filing Requirements and Forms |
|
| 18.0 | |
18.3 |
|
|
|
18.9 |
Preliminary Estimate Accounting (other than a step-parent adoption) |
|
If putative father exists for minor born after 1-1-97 - ODHS Form 1697 (Ohio Dept. Of Human Services 887-4000) |
|
Certified copy of minor's birth certificate from appropriate health department |
18.1 |
|
|
ALL FORMS MUST THEN BE FILED WITH THE CLERK WHO WILL ASSIGN A CASE NUMBER. At this time, the clerk will require payment of a deposit on the filing fee which is currently $254.00 for a step-parent adoption and $279.00 for any non-step-parent adoption. Please confirm the amount with the clerk since filing fees may have changed subsequent to the date of this instruction sheet. This fee must be paid in cash, money order, certified check or a check from a law firm . Additional costs may be required at final hearing. |
|
If notice by publication need to be issued to the non-custodial birth parent or putative father (minor born prior to 1-1-97), a Motion and Entry requesting publication must be filed. In addition to the motion and entry a Notice of Publication must also be filed. An affidavit of due diligence must be filed prior to the notice being published. (attorney must generate) |
|
If notice by publication, the Affidavit of Proof of Publication prior to the hearing. (obtain special form from newspaper office) |
Adoption Petition Filing Requirements |
|
B.C.I.& I. report |
|
18.9 |
Final Petitioner's Accounting Filed at least 10 days prior to the hearing, if other than step-parent adoption. |
|
Home Study by assessor - ODHS Form 1698 along with reference letters (In all adoptions.) Filed at least 10 days prior to hearing. |
18.4 |
Judgment Entry Finding Consent Not Required - if Applicable |
18.3 |
Consent to Adoption - if minor is over age 12 |
18.7 |
|
18.8 |
|
|
|
18.5 |
|
18.6 |
|
|
|
|
Check made out to: Treasurer, State of Ohio for new birth certificate in the amount of $21.50. (call to verify amount) |
|
Filing Requirements and Forms |
|
Application for Approval of Placement |
|
18.9 |
|
|
|
|
|
|
|
|
|
|
All forms must then be filed with the clerk who will assign a case number. At this time, the clerk will require payment of a deposit on the filing fee which is currently $279.00. Please confirm the amount with the clerk since filing fees may have changed subsequent to the date of this instruction sheet. This fee must be paid in cash, money order, certified check or a check from a law firm. Additional costs will be required at final hearing. |
Adoption Placement Filing Requirements PRIOR TO HEARING |
|
The placement hearing cannot occur until at least 72 hours after the child's birth. (Note: If the parties expect the biological parent(s) to execute the consent at the placement hearing, the biological parent(s) must meet with an assessor for the pre-consent interview at least 72 hours prior to the placement hearing) |
|
|
The adoptive family must have a home study completed and filed. |
|
Finger print cards must be sent to BCI & I |
|
A mandatory pretrial will be scheduled prior to the hearing on the Application for Placement. |
Adoption Placement Filing Requirements AT THE TIME OF HEARING |
|
|
|
|
Order of Release (if necessary) |
|
If the consent of the biological parent(s) will be executed at the placement hearing, the consent forms should be prepared but not signed. This form will be executed in the presence of the Court. |
Correction of Birth Record
Birth Registration
|
|||||||||
15.0 |
Next of Kin of Proposed Ward (Initial filing) |
15.01 |
Journal Entry Set. Hearing on Application for Appt. of Guardian (Initial filing) |
15.2 |
Fiduciary's Acceptance (Initial filing) |
15.3 |
Guardian's Bond (Initial filing) |
15.5 |
|
15.6 |
|
15.7 |
|
15.8 |
|
15.81 |
|
15.9 |
Oath of Guardian (Initial filing) |
17.7 |
|
20.0 |
App. for Appt. of Conservator (Initial filing) |
20.1 |
Journal Entry Appt. of Conservator (Initial filing) |
20.2 |
Letters of Conservatorship (Initial filing) |
FORMS |
|
1. |
|
2. |
|
3. |
|
4. |
|
5. |
|
6. |
|
7. |
Death Certificate or explanation of cause of death |
8. |
Waiver from Cemetery where decedent will be moved from |
| 9. | Verification of Reinternment |
Application for Appointment of Emergency Guardian of Alleged Incompetent |
|
15.0 |
|
17.1 |
|
15.2 |
|
15.4 |
Letters of Guardianship - 72 hour notice, 30 day notice to alleged incompetent person |
|
Motion and Entry for 30 day Extension ( if applicable) |
|
Notice to Alleged Incompetent Person (30 day notice) |
17.5 |
|
| 72 Hour Notice | |
| The deposit for filing the Emergency Guardianship for an Incompetent is $99.00 and must be paid by cash or law office check. No personal checks accepted. Please confirm the amount with the clerk since filing fees may have changed. | |
Guardian of an Incompetent MISCELLANEOUS INSTRUCTIONS AND FORMS |
|
1. |
A Statement of Expert Evaluation 17.1 (medical/psych) is required before any guardianship can be filed with Application for Appointment of Guardian of alleged incompetent 17.0. |
2. |
The correct address of the ward is very necessary in order for the Court to complete the necessary service on the ward. The applicant or the attorney is responsible for notifying the Court where the ward can be served (particularly if the ward is residing in an institution and not their home). If the ward is residing in his/her home or residing in the home of another person (relative etc.) the Court should be advised in order to serve the ward in care of a competent adult at the address. |
3. |
If guardianship is for estate only, a bond is required for the personal assets of the ward. The amount of the bond is double the amount of the personalty (any asset other than real estate). The bond should be fully executed and signed by the principal (guardian) and the bonding company representative before it is presented to the Court for filing. The Letters of Guardianship will not be issued without the required bond being filed. The bond should be filed prior to the scheduled hearing. Guardian's Bond 15.3 |
4. |
All next of kin (next of kin of proposed ward 15.0) who reside within the State of Ohio must sign a Wavier of Notice and Consent 15.1 or be served with notice. The noticed of hearing form is Notice Of Hearing Form17.4. The Probate Court will issue service to the ward. |
5. |
The Oath of Guardian 15.9 must be signed before the Judge or a notary at the time of the hearing. |
6. |
The guardian must file a Guardian's Inventory 15.5 within 90 days after his/her appointment. The inventory lists the assets of the ward and the value of those assets. No inventory is required if the guardianship is for the person only (must file an inventory if the guardianship is for the estate or for the person and the estate) |
7. |
The guardian is responsible for filing a Guardian's Report 17.7 every year from the date of his/her appointment. The Guardian's Report must be accompanied by a Statement of Expert Evaluation 17.1. The Guardian's Report tells the Court of the ward's physical/mental condition, living conditions, if the guardianship should be continued, etc. The Guardian's Report is required for the guardians of the estates, guardians of the person, or both. |
8. |
The guardian is responsible for filing a Guardian's Account 15.8 every year from the date of their appointment. The Account shows receipts/income and any disbursements that are made from the guardian's assets. The account deals with the ward's assets (what he/she had at the beginning of the guardianship (as shown on the inventory) plus what he/she receives as income and how it is disbursed/spent). The guardian must produce cancelled check or receipts for payment for all disbursements when filing the account with the Court. |
9. |
The deposit for filing the Guardianship for an Incompetent is $174.00 and must be paid by either cash or law office check. No personal checks accepted. Please confirm the amount with the clerk since filing fees may have changed. |
10. |
Additional costs are due when filing each account or guardian's report in cases of person only. |
Guardian of an Incompetent List of all Forms |
|
| 15.0 | Next of Kin of Proposed Ward (Initial filing) |
15.01 |
Judgment Entry Setting Hearing on Application for Appointment of Guardian (Initial filing) |
15.1 |
Waiver of Notice and Consent (Initial filing) |
15.2 |
Fiduciary's Acceptance (Initial filing) |
15.3 |
Guardian's Bond (Initial filing) |
15.4 |
Letters of Guardianship (Initial filing) |
15.5 |
|
15.6 |
|
15.7 |
|
15.8 |
|
15.81 |
|
15.9 |
Oath of Guardian (Initial filing) |
17.0 |
Application for Appointment of Guardian of Alleged Incompetent (Initial filing) |
17.1 |
Statement of Expert Evaluation (Initial filing) |
| 17.3 | Notice of Hearing to Alleged Incompetent or Prospective Ward (Initial filing) |
17.4 |
Notice of Hearing for Appointment of Guardian of Alleged Incompetent (Initial filing) |
17.5 |
Journal Entry Appointment of Guardian for Incompetent (Initial filing) |
17.7 |
Guardian's Report (Initial filing) |
| 17.8 | Investigator's Report on Guardianship |
| Consent to Accept Jurisdiction Over Guardianship and Ward | |
| Entry Accepting Jurisdiction Over Guardianship | |
| Application to Extend Time | |
1. |
If the application is for a minor over the age of fourteen (14) years of age, that minor must be served (he/she cannot waive). It will be necessary for the Court to have a correct address in order to served the minor. A minor over the age of fourteen (14) years also has the right to select a Guardian (forms are provided for service and selection) |
2. |
If guardianship is for estate only, a bond is required if the ward has assets other than real estate. The amount of the bond is double the amount of the personalty (any asset other than real estate). The bond should be fully executed and signed by the principal (Guardian) and the bonding company representative before it is presented to the Court for filing. The Letters of Guardianship will not be issued without the required bond being filed. The bond should be filed with the initial paperwork. |
3. |
All next of kin who reside within the State of Ohio along with natural parents even if they do not reside in the state of Ohio must sign the 15.1 Waiver of Notice and Consent or be served with notice (form provided). |
4. |
The correct addresses of the next of kin are required in order to make proper service. The Court will issue all service required to be done by the certified mail. If both parents are not joint applicants, the one who is not the applicant must sign a Waiver of Notice or be notified by certified mail. |
5. |
The Oath of Guardian must be signed before the Judge or a notary at the time of hearing. |
6. |
The Guardian must file a Guardian's Inventory within ninety (90) days after his/her appointment, if guardianship is for the estate or person and estate. The inventory lists the assets of the ward and the value of those assets. |
7. |
The Guardian is responsible for filing a Guardian's Account every year from the date of their appointment. The Account shows the assets listed on the Inventory plus any income/interest received and disbursements that are made from the ward's assets. The Account deals with the ward's assets (what he/she receives as income and how it is disbursed/spent). |
8. |
The deposit for filing the Guardianship of a Minor is $104.00 (for person only or person and estate) or $99.00 (for estate only)and must be paid by either cash or law office check. No personal checks accepted. Please confirm the amount with the clerk since filing fees may have changed subsequent to the date of this instruction sheet. |
Guardian of A Minor GUARDIAN OF A MINOR - FORMS |
|
| 16.0 | Application for Appointment Of Guardian of Minor (Initial filing) |
15.0 |
Next of Kin of Proposed Ward (Initial filing) |
15.1 |
Waiver of Notice and Consent (Initial filing) |
16.1 |
Affidavit (Initial filing) |
15.01 |
Judgment Entry Setting Hearing of Applicant for Appointment (Initial filing) |
16.3 |
Notice of Hearing for Appointment of Guardian of Minor To Minor over age 14 (Initial filing) |
16.4 |
Notice of Hearing on Application for Appointment (Initial filing) |
16.2 |
Selection of Guardian by Minor Over Fourteen Years of Age (Initial filing) |
15.2 |
Fiduciary's Acceptance (Initial filing) |
15.9 |
Oath of Guardian (Initial filing) |
15.3 |
Guardian's Bond (Initial filing) |
16.5 |
Judgment Entry (Initial filing) |
15.4 |
Letters of Guardianship (Initial filing) |
15.5 |
|
15.6 |
|
15.7 |
|
| Judgment Entry Terminating Guardianship of Minor | |
| Application to Extend Time | |
| Certified copy of Birth Certificate (Initial filing) | |
| Supplemental Guardianship Information (Initial filing) | |
ESTATES |
|
| 2.0 | Application to Probate Will Revised 1/01/02 (if applicable) (Initial filing) |
|
Last Will and Testament (Initial filing) |
1.0 |
Surviving Spouse, Children, Next of Kin, Legatees and Devisees Revised 1/1/02 (Initial filing) |
2.1 |
Waiver of Notice of Probate of Will Revised 1/1/02 |
2.5 |
Notice of Probate of Will Revised 1/1/02 |
2.3 |
Entry Admitting Will To Probate (Initial filing) |
2.4 |
|
3.0 |
|
4.0 |
Application for Authority to Administer Estate Revised 1/1/02 (Initial filing) |
4.2 |
Fiduciary's Bond (if applicable) (Initial filing) |
4.3 |
Waiver of Right To Administer (Initial filing) |
| 4.4 | Notice and Citation of Hearing on Appointment of Fiduciary |
4.5 |
Entry Appointing Fiduciary; Letters of Authority (Initial filing) |
|
Fiduciary's Acceptance (Executor - Administrator) (Initial filing) |
6.0 |
Inventory and Appraisal Revised 1/1/02 |
6.1 |
|
9.C |
|
10.4A |
Notice to Distribute for Persons Deceased On or After May 31, 1990 |
12.0 |
|
12.2 |
|
12.1 |
|
13.0 |
Fiduciary's Account Revised 1/1/02 |
13.1 |
|
13.2 |
|
13.3 |
Entry Approving and Settling Account Rev. 12/1/2002 |
13.6 |
|
Release From Administration Miscellaneous Instruction and Forms Miscellaneous Instructions The following is required, at the initial filing of a Release from Administration, along with all forms listed on this page: |
|
Original Will (if Will is probated) |
|
|
Original and one copy of the Transfer of Motor Vehicle for each motor vehicle transferred |
|
One original and one copy of the Certificate of Transfer for each piece of real estate |
|
The Assets and Liabilities form must be completed and filed. |
|
Waiver from Next of Kin |
| A release from Administration is not complete until the COMMISSIONER'S REPORT is filed. The Commissioner's Report must be filed sixty (60) days after The Entry Relieving the Estate from Administration has been filed if a Commissioner is needed. Tax Release forms can be obtained from the Ross County Auditor's Office, 2 N. Paint Street, Chillicothe, Ohio 45601-3187. Phone: 740-702-3080. We do not have these forms in Probate Court. This web page does not include estate tax returns forms. An estate tax return must be filed in all estates, where applicable, and if there is real estate listed as an asset of the estate. The estate tax return, Certificate 22, and Form #5 can be obtained from the Ross County Probate Court. Please call ahead for court costs as the costs vary for each Release from Administration filed. Please make copies of the original forms if additional copies are required. |
|
Release From Administration Miscellaneous Instructions and Forms Forms |
|
| 2.0 | Application to Probate Will Revised 1/1/02 |
1.0 |
Surviving Spouse, Children, Next of Kin, Legatees and Devisees Revised 1/1/02 |
2.1 |
Waiver of Notice of Probate of Will Revised 1/1/02 |
2.2 |
Notice of Probate of Will Revised 1/1/02 |
2.3 |
|
2.4 |
Certificate of Service of Notice of Probate of Will after service |
5.0 |
|
5.1 |
Assets and Liabilities of Estate to be Relieved From Administration |
5.2 |
Waiver of Notice of Application to Relieve Estate From Administration |
5.3 |
|
5.6 |
|
5.10 |
|
5.11 |
|
12.0 |
|
12.2 |
|
12.1 |
|
9C |
|
|
Report of Distribution within 60 days after Entry Relieving, if a commissioner is appointed |
| Attorney Fee Schedule | |
Additional Probate Forms |
|
| 1.0 | Surviving Spouse, Children, Next of Kin, Legatees and Devisees |
| Application to Probate Will | |
| Waiver of Notice of Probate of Will | |
| Notice of Probate of Will | |
| Application for Authority to Administer Estate | |
| Inventory and Appraisal | |
| Citation to Surviving Spouse to Exercise Elective Rights | |
| Election of Surviving Spouse to Take Under Will | |
| Election of Surviving Spouse to Take Against Will | |
| Summary of General Rights of Surviving Spouse | |
| Certificate of Service and Notice of Citation to Surviving Spouse to Exercise Elective Rights | |
| Return for Certificate of Service of Citation to Surviving Spouse to Exercise Elective Rights | |
| 8.6 | Waiver of Service to Surviving Spouse of the Citation to Elect |
| Application to Sell Personal Property | |
| Fiduciary's Account | |
| Entry Approving and Settling Account and Discharging Fiduciary | |
| Notice of Hearing on Account | |
| 13.7 | Waiver of Notice of Hearing on Account |
| 13.8 | Application and Entry to Extend Administration |
| 13.9 | Certificate of Service of Account to Heirs or Beneficiaries |
| Application to Extend Time | |
| Application to File Will for Record Only | |
| Report of Newly Discovered Assets | |
1. |
The minor must have been a resident of Ross County for at least (1) year prior to filing the application to change his/her name. |
2. |
All forms must be typewritten. |
3. |
A deposit of $99.00 is required at the time of filing. Additional costs may be required on the date of your hearing. Please confirm the amount with the clerk since filing fees may have changed. This fee must be paid in cash. |
4. |
A certified copy of the minor's birth certificate is required at the initial filing. |
5. |
A minor (anyone under the age of 18 years) cannot apply to change his/her name. The applicant must be an adult (parent, guardian, etc). |
6. |
The consent of the mother and father is required. The consent must be signed in the presence of a notary public. |
7. |
You must publish a notice of the application to change the minor's name in one of the following newspaper: Chillicothe Gazette, Chillicothe, Ohio |
8. |
The notice must be published at least thirty (30) days prior to the date of the hearing. The hearing date will be assigned by the Court at the time of filing. A proof of publication must be presented to the Court before the hearing (this proof is obtained from the newspaper in which your notice was published). You are responsible for taking the notice to the newspaper and for any payment of costs owned to the newspaper. |
9. |
If one of the parents cannot be located to sign the required consent, that parent must be notified by certified mail and if the address of that parent is unknown, notice by publication directed to that parent must be published in the above newspaper (the applicant is responsible for putting this notice in the newspaper and paying the costs). |
10. |
It will be necessary for you to mail a certified copy of the judgment entry (a certified copy will be provided by the Court) to the |
11. |
The minor must be present for the hearing. |
Minor Name Change Individual Forms Forms Only |
|
21.2 |
|
21.5 |
|
21.4 |
|
| 21.3 | Judgment Entry - Change of Name of Minor |
|
|
Adult Name Change Information Sheet Requirements and Forms |
|
1. |
You must have been a resident of Ross County for at least one (1) year prior to filing the application to change your name. |
2. |
All of the forms must be typewritten. |
3. |
A deposit of $99.00 is required at the time of filing. Additional costs may be required on the date of your hearing. Please confirm the amount with the clerk since filing fees may have changed. This fee must be paid in cash or law office check. No personal checks accepted. No personal checks accepted. |
4. |
You must publish a notice of your application to change your name in one of the following newspaper: Chillicothe Gazette, Chillicothe, Ohio |
5. |
The notice must be published at least thirty (30) days prior to the date of hearing. The hearing date will be assigned by the Court at the time of filing. |
6. |
A proof of publication must be presented to the Court before the hearing date (this proof is obtained from the newspaper in which your notice was published). |
7. |
You are responsible for taking the notice to the newspaper and for any payment of costs owed to the newspaper. |
8. |
It will be necessary for you to mail a certified copy of the judgment entry (a certified copy will be provided by the Court) to the |
Adult Name Change All Forms |
|
| 21.0 | |
21.5 |
|
21.1 |
|
| Name Change Application Information | |
|
|
|
|
|
|
|
|
|
|
|
|
| Application to Extend Time | |
14.0 |
|
14.1 |
|
14.2 |
|
14.3 |
|
|
Application for Appointment of a Commissioner to Report on the Contents of a Safe Deposit Box |
|