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LORAIN COUNTY LOCAL RULES


Table of Contents
Local Rules Effective June 6, 2019 (DOCX | PDF)
  Section Title
Page #
5.01 Use of Restraints on a Child 8
6.01 Pro Hac Vice (Admission for a Case) 9
8.10 Court Appointments 10
9.10 Security Plan 13
11.10 Recording of Proceedings 14
16.10 Mediation 16
26.10 Court Records Management and Retention 20
Court Records
45.10 Court Records – Public Access - Personal Identifiers 22
51.10 Standard Probate Forms - Form Availability 23
52.10 Specifications for Printing Probate Forms - Computerized Forms 24
53.10 Hours of the Court 25
55.10 Examination of Probate Records - Photocopies 26
Filings and Judgment Entries
57.10 Facsimile Filings 27
57.20 Current Street Address 27
57.30 Case Number 27
57.40 Original Signatures 27
57.50 Fiduciary Signature 28
57.60 Court Filings 28
57.70 “Filed” Stamped Copies 29
57.80 Instructions for Service of Summons or Notice 29
57.90 Exhibits 30
57.10 Entry of Judgment 31
57.11 Length of Memorandum or Brief 31
57.12 Certificate of Service 31
57.13 Decedent's Names 31
57.14 Court Service of Filings 32
Deposit for Court Costs
58.10 Deposits 34
58.20 Publication Costs 34
58.30 Witness Fees 34
58.40 Insufficiency of Costs Deposit 34
Wills
59.10 Certificate of Service 35
59.20 Will for Deposit 35
Application for Letters of Authority to Administer Estate and Notice of Appointment
60.10 Acceptance and Notice of Appointment 36
60.20 Appointment of Non-Resident Fiduciaries 36
60.30 Identification With Photograph Required 37
60.40 Calculation of Executor/Administrator Compensation 37
60.50 Spousal Citation and Summary of Rights 37
Claims Against Estate
62.10 Medicaid Recovery Acknowledgment 39
62.20 Special Administrator for Receipt of Claims 39
Accounts
64.10 Fiduciary's Signature 41
64.20 Contents of Probate Accountings 41
64.30 Extensions for Filing An Account 41
64.40 Vouchers 42
64.50 Detailed Account Compliance Audits 42
64.60 Bond 43
64.70 Evidence of Assets 43
64.80 Time for Filing 43
64.90 Hearing, Certificates, and Service 44
Land Sales
65.10 Title Evidence 46
65.20 Approval of Description 47
65.30 Report of Distribution 47
65.40 Consent to Power to Sell Real Estate 48
65.50 Military Service Affidavit 48
Guardianships
66.00 Series Numbering 48
66.01 Definitions 48
66.02 Application of Rules 48
66.03(A) Emergency Guardianships 48
66.04 (RESERVED) 53
66.05(A) Guardian Background Checks 53
66.05(B) Guardian With Ten or More Adult Wards 53
66.06 Guardian Fundamentals Training Requirement 54
66.07 Guardian Continuing Education 55
66.08 General Responsibilities of the Guardian to the Court 55
66.09 General Responsibilities of the Guardian to the Ward 57
66.10 Guardianship of Minors 58
66.11 Next of Kin for Guardianship of Incompetent Adults 59
66.12 Inventory, Fund Release, Expenditures and Identification of Legal Documents 59
66.13 Guardian's Report 60
66.14 Deposit of Will By Guardian 60
66.15 Powers of Attorney By Guardian Prohibited 61
66.16 Terminations 61
66.17 Indigent Wards 61
66.18 Veterans' Guardianships 62
66.19 Guardianship Visitors Program 62
66.20 Additional Cost Deposit 62
Estates of Minors
67.10 Dispense With Guardianship 63
67.20 Birth Certificate 63
67.30 Responsibility for Deposit of Funds 63
Settlement of Injury Claims of Minors
68.10 Birth Certificate 64
68.20 Separate Case Number 64
68.30 Responsibility for Deposit of Funds 64
68.40 Structured Settlements 64
Settlement of Claim for Adult Ward
69.10 Separate Case Number 66
69.20 Responsibility for Deposit of Funds 66
69.30 Structured Settlements for Adult Ward 66
Settlement of Wrongful Death and Survival Claims
70.10 Settlement of Claims 67
Counsel Fees
71.10 Attorney Fees 68
71.20 Attorney Serving as Fiduciary 69
71.30 Early Payments of Attorney Fees 69
71.40 Notice and Consent for Attorney Fees in Estates 70
71.50 Notice and Consent for Attorney Fees in Guardianships 70
71.60 Notice and Consent for Attorney Fees in Trusts 71
71.70 Contested Fees 71
71.80 Contingent Fees 71
Guardian's Compensation
73.10 Guardian's Compensation 73
73.20 Indigent Guardianship Fund Payments 75
Trustee's Compensation
74.10 Trustee's Compensation 76
Local Rules
75.10 Guardian Ad Litem 78
75.20 Adoptions 78
75.30 Custodial Deposits in Lieu of Bond 80
75.40 Surety Bonds 81
75.50 Release and Summary Release of Estates from Administration 81
75.60 Wills in Safe Deposit Box 82
75.70 Marriage License Applicants 83
75.80 Minor Marriage License Applicants 83
75.90 Ohio Estate Tax Return (for Persons Dying Prior to January 1, 2013) 83
75.10 Withdrawal and Substitution of Counsel 83
75.11 Deposit of Guardianship Nomination Instrument 84
75.12 Name Changes – Minor 84
75.13 Motions/Briefs 85
Case Management in Decedent's Estates, and Trusts
78.10 Inventory 86
78.20 Electronic Return Receipt 88
78.30 Certificate of Transfer of Real Estate 88
78.40 Requests for Jury Trial 89
78.50 Evidence of Death 89
78.60 Special Needs Trusts 89
78.70 Non-Oral Insolvency Hearings 90
78.80 Unclaimed Inheritances 91
78.90 Civil Case Management Procedures 92
78.10 Trial Witnesses 93
Local Forms Index (Lorain County P.C. Forms)
1.1A Request for Summons or Notice In Civil Action 97
4.0A Fiduciary's Acceptance 99
7.1A Medicaid Recovery Acknowledgment 100
13.7A Waiver of Notice of Hearing and Consent to Account 101
13.9A Certificate of Service of Account and Notice of Hearing 102
22.3A Initial Verification of Receipt and/or Deposit of Custodian 103
22.3B Annual Verification of Funds With Restricted Access 104
59.2A Will for Deposit 105
59.2B Certificate for Deposit of Will 107
60.2A Application of Non-Resident Fiduciary to Deposit Assets With a Custodian In Lieu of Bond 108
60.4A Calculation of Executor/Administrator Compensation 110
66.10A Guardian's Credibility Supplement 111
66.11A Affidavit of Indigency 112
71.4A Consent to Attorney Fees 113
73.1A Calculation of Guardian Compensation 114
74.1A Calculation of Trustee Compensation 115
75.0A Notice of Change of Address 116
75.7A Application for Entry of Safe Deposit Box 117
75.7B Report on Entry of Safe Deposit Box 118
78.2A Certificate of Service of Inventory and Notice of Hearing 119
78.2B Waiver of Notice of Hearing and Consent to Inventory 120
78.11 Application for Unclaimed Inheritances 121
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