COURT
OF COMMON PLEAS
COLUMBIANA
COUNTY, OHIO
PROBATE
DIVISION, INCLUDING THE JUVENILE COURT
IN RE: RULES OF COURT
CASE NO. 98 MM 02 DOCKET
PAGE________
JUDGMENT
ENTRY
All local rules heretofore adopted by this division of the Common Pleas
Court are hereby repealed and the following rules are adopted effective May 18,
1998.
Counsel are advised in referring to these rules to consult the
appropriate Superintendency Rule promulgated by the Ohio Supreme Court and
similarly enumerated.
Counsel are also advised that the Rules of the General Division of this
Court apply to those situations not specifically covered herein. Relief from the application of any Rule may be had upon
written motion submitted with a proposed journal entry of judgment.
It is the intention of the Court to promote the administration of justice
through proper application of published procedures.
A certified copy of this judgment entry and the accompanying Local Rules
adopted hereby are ordered forwarded to the Supreme Court of the State of Ohio
in accordance with law.
_______________________
C. ASHLEY PIKE, Judge
TABLE
OF CONTENTS:
RULE 53.1
HOURS OF THE COURT
RULE 55.1
RECORDS AND TRANSCRIPTS
RULE 57.1
MOTIONS AND HEARINGS
RULE 58.1
REQUEST FOR JURY TRIAL
RULE 58.2
COURT COSTS
RULE 61.1
APPOINTMENT OF APPRAISERS
RULE 66.1
SEPARATE GUARDIANSHIPS
RULE 66.2
GUARDIANSHIP: LIMITATION
RULE 66.3
WARD'S WILLS: DEPOSIT FOR SAFEKEEPING
RULE 66.4
GUARDIAN'S REPORT: FILING
RULE 71.1
COUNSEL FEES - DECEDENT'S ESTATES,
GUARDIANSHIPS, AND TRUSTS
RULE 73.1
GUARDIAN 'S COMPENSATION
RULE 74.1
TRUSTEE' S COMPENSATION
APPENDIX A
APPENDIX B
APPENDIX C
RULE 53.1
- HOURS OF THE COURT
The Probate Division and its offices shall be open for the transaction of
business from 8:00 o'clock A.M. to 4:00 o'clock P.M. Monday through Friday.
The Probate Court shall be closed on Saturday, Sunday, and legal
holidays.
RULE 55.1
- RECORDS AND TRANSCRIPTS
(A) EXAMINATION
OF FILES, RECORDS, AND OTHER DOCUMENTS:
Copies of any open records may be obtained at $.25 per page.
(B) TRANSCRIPTS
OF PROCEEDINGS: Transcripts of Court proceedings can be obtained at rates of
compensation to be established by the Court. An advance deposit may be required, and the transcript
will only be released upon PAYMENT IN FULL by requesting counsel.
RULE 57.1
- MOTIONS AND HEARINGS
All motions shall be submitted in writing with the proper case heading
and number accompanied by a memorandum on the related law. Motions may be decided by the Court on the pleadings
without hearing unless an oral hearing is requested by a party or ordered by the
Court.
Counsel are advised that the Court may elect to hold some motion hearings
by telephone. Counsel should feel
free to request this procedure in appropriate cases where only the appearance of
counsel would be required to address the pending issues.
For the convenience of counsel, there is included herein, as Appendix C,
an appropriate judgment entry for use in requesting hearings by telephone. No
separate motion shall ordinarily be required.
RULE 58.1
- REQUEST FOR JURY TRIAL.
All such requests in civil actions shall be accompanied by an advance
deposit in the amount specified by the posted schedule of
advance deposits, unless
another amount is established by the Court for the particular case.
RULE 58.2
- COURT COSTS
The Court requires deposits for advanced costs in actions or proceedings
in amounts as stated on approved schedules posted in the areas of the filing
counters in the Probate and Juvenile Courts.
These amounts are subject to change upon reasonable notice as
circumstances require.
Where a poverty affidavit is filed, hearing may be held thereon at the
earliest practicable time before proceedings are begun.
Upon termination of a matter, the deputy clerk shall forward a cost bill
to the party and/or his attorney for unpaid costs and the same shall be paid not
later than 35 days from the date of the cost bill.
RULE 61.1
- APPOINTMENT OF APPRAISERS
(A) When required by law, there
shall be one suitable and disinterested appraiser appointed by the executor or
administrator of an estate, with court approval.
The following persons shall be disqualified from being such an appraiser:
(1)
A person related by blood or marriage to the Decedent;
(2)
A beneficiary of the estate;
(3)
A person related by blood, marriage or employment to the attorney for the
estate (unless waived by the fiduciary); and
(4)
A person related by blood, marriage or employment to the fiduciary for
the estate.
(B) Real estate appraisals
shall be made by licensed real estate
agents, brokers,
auctioneers, credentialed
real estate appraisers, or
such other persons who by experience and training are qualified to make real
estate appraisals and are approved by the Court.
(C) No appraiser shall be
permitted to purchase or acquire, directly or indirectly, any of the property
that he or she appraises, except at public auction.
(D) Notwithstanding
sections (A) through (C) of this rule, the market value of real
estate as found in the Columbiana County Auditor's property records shall
be
accepted as the readily ascertainable value of the property and no
further appraisal of such property shall be required except as provided under
Paragraph F of this rule. A copy of
said evaluation shall be attached to Form 6.1 -Schedule of Assets or Form 5.1 - Assets and Liabilities of Estate to be Relieved
from Administration, whichever is applicable.
(E) Readily ascertainable value
of motor vehicle:
Notwithstanding sections (A) through (C) of this rule, the market value
of any motor vehicle as found in the current N.A.D.A. Official Used Car Guide
under the category "Avg Retail" may be adopted as the readily
ascertainable value of the property
and no further appraisal of such property shall be required except as provided under Paragraph F of this rule. A copy of the appropriate page
from said booklet
shall be attached to Form 6.1 - Schedule of Assets or Form 5.1 -
Assets and Liabilities of Estate to be Relieved from Administration,
whichever is applicable.
(F)
An administrator,
executor, fiduciary,
beneficiary, or creditor of
a Decedent's estate may file a written request with the Probate Court not
later than the date set for hearing on the Inventory and Appraisal pursuant to R. C.
2115.1 that any property deemed to be appraised by readily ascertainable value
shall be appraised
by a suitable and disinterested appraiser as provided in sections (A) through (C) of this rule.
RULE 66.1- SEPARATE
GUARDIANSHIPS
A separate guardianship must
be filed and a file established for
each prospective ward, except in some matters where a guardianship is being
established on behalf of several minors in connection with the settlement of a
common claim on behalf of all of them.
Providing the settlement will be divided among the minors in separate
accounts, the application for guardianship and the minors' settlement may be
handled under one case number, with permission of the Court.
RULE 66.2
-
GUARDIANSHIP: LIMITATION
Ordinarily, the Court will not accept for filing any guardianship for a
minor where the only purpose of the guardianship is to establish a residence for
school purposes. Custody for school purposes is a matter to be heard and
determined in the Juvenile Division of the Court.
RULE 66.3
-
WARD'S WILLS: DEPOSIT FOR
SAFEKEEPING
All guardians must deposit for safekeeping with the Court any Will or
Codicil thereto of his or her ward in accordance with Ohio Revised Code 2107.07.
RULE 66.4
- GUARDIAN'S REPORT:
FILING
Every guardian shall file his or her report as described in Ohio Revised
Code 2111.49 simultaneously with the filing of the guardianship account.
RULE 71.1
- COUNSEL FEES - DECEDENT'S ESTATES, GUARDIANSHIPS, AND TRUSTS
(A)
Attorney fees paid pursuant to a fully executed Certificate of
Termination as provided for in Revised Code 2109.30 do not require Court approval.
B)
Where the attorney on application to the court prior to or during estate administration requests a fixed fee, the Court, if it deems it
appropriate, will then fix a reasonable fee for legal services beneficial to the
administration of the estate. Pursuant to Superintendence Rule 71(D),
"The Court may set a hearing on any application for allowance of
attorney fees regardless of the fact that the required consents of the
beneficiaries have been given."
(C)
Counsel fees for the administration of a decedent's estate an in connection
with Trusts
and Guardianships
shall be reasonable and beneficial to the matter.
The application for fees shall be in writing setting forth details supporting the calculations on which
requested fees are based. See Appendix.
(D)
Counsel fees for the administration of estates, trusts, and
guardianships, as set forth in the Appendix, may serve as a guide in determining fees to
be charged legal services of an ordinary nature rendered for a fiduciary
in any such matter. In the case of legal services rendered of an
extraordinary nature, counsel are directed to apply to the Court for the allowance of
extraordinary fees. Counsel
should include with said application for extraordinary fees time records and a detailed statement of services performed.
The accompanying consent or approval of the fiduciary is also helpful.
(E) Such guides, however, are
not to be considered nor represented
to clients as schedules of minimum or maximum fees to be charged. The primary
responsibility concerning the establishment of fees in a particular
matter rests between
counsel and the fiduciary and/or beneficiaries involved.
The Court's role is limited to passing on the reasonableness of the compensation.
(F) Where the attorney, law
partner or firm associate is appointed as fiduciary, guardian, or trustee, the total administration fee for any period may not
exceed the total of either the counsel or fiduciary fee, as selected by counsel,
plus one-half
of the other fee. Pursuant to
Superintendence Rule 71(B), "Attorney fees for the administration of
estates shall not be paid until the final account is prepared for filing unless otherwise approved by the Court upon application and
for good cause shown." This
Court hereby requires that no Final Account be filed later than sixty (60) days following Court approval of attorney fees.
(G) If disparity or injustice
result due to application of any percentages set forth in the
Appendix, such disparity or injustice may be reviewed on the Court's own
motion; upon the filing of exceptions to any account; or upon timely motion filed
by any interested party.
(H) Counsel are advised to
maintain accurate records of work completed and time spent on all matters.
(I) Counsel may use as
guidelines for the computation of fees in guardianships and trusts the identical guidelines provided for guardian's compensation and
individual trustee's compensation set forth in Local Rules 73.1 and 74.1, respectively. Minimal fees of $200.00 for securing the appointment of a
guardian and $100.00 for preparing a two-year accounting report in the case of
non-indigent guardianships are considered reasonable in MOST CASES.
Please consult Appendix B for sample entries and computations to be
submitted when requesting approval of counsel fees in guardianships and trusts.
RULE 73.1 -
GUARDIAN'S COMPENSATION
(A)
Guardian fees for the administration of a guardianship shall
(1)
Income:
(2)
Principal:
(B)
For purposes of determining compensation based on income, the
(a)
All receipts of corpus by respective guardian;
(b)
Any balance carried forward from prior accounting; and
(c)
All investments AND reinvestments of corpus.
(C)
Where the attorney of record, law partner, or firm associate is also appointed as guardian, the guardian's fee may be limited in accordance
with Rule 71.1(F).
(D)
Please consult Appendix B for sample entries to be submitted when
requesting approval of guardian fees.
RULE 74.1 -
TRUSTEE'S COMPENSATION CORPORATE TRUSTEES
(A)
CORPORATE TRUSTEES
(1)
Except where the instrument creating the trust makes provisions for compensation, a corporation functioning as testamentary trustee may
charge fees on the same basis as it charges for living trusts.
(2)
Fee schedules are to be furnished to the Court on the 1st business day of January of each year and whenever a change in fees is made
within any calendar year.
(3)
A separate
schedule containing
computation figures
providing a basis for the corporate trustee's compensation shall be set forth in the
trustee's account as a condition for its approval.
(5)
Corporate Trustees may, at their option, elect to use the Individual Trustee's compensation schedule set forth below.
(B)
INDIVIDUAL TRUSTEES
(1) Except where the
instrument creating the trust makes provisions for compensation, an individual functioning as testamentary trustee may
charge as follows:
(a)
Principal Fee. A fee
of $2.00 per 1M of the
(b)
Income Fee. A fee of
six and one-half percent (6.5%) of
the total income for the accounting period.
(c)
Principal Distribution Fee. A
fee of one percent (1%) of the principal distributed during
the accounting period.
(2)
Corporate Trustees may at their option elect to use the Individual
Trustee's compensation schedule.
APPENDIX
A
IN
THE COURT OF COMMON PLEAS
COLUMBIANA
COUNTY, OHIO
PROBATE
DIVISION
ESTATE
OF________________________________________________
CASE NO. _______________________DOCKET PAGE_______
APPLICATION FOR AUTHORITY TO PAY COUNSEL FEES FOR AN
ESTATE
______________________________________,
Attorney at Law, states that it was necessary
for the
fiduciary to
employ counsel
to properly administer the
within estate. The fee
agreement between the fiduciary and counsel was based on one of the following
indicated methods:
_____Court fee guideline (calculation attached);
_____ Hourly
rate (attached brief summary of hours & rate)
_____Other (explain):______________________________
___________________________________________________________________
____________________________________________________________________
The undersigned states that the
reasonable value of professional legal services in this matter is $__________
and, with the consent of the fiduciary, requests approval of the Court directing
payment in full from estate assets simultaneously with the filing of the Final
Account.
APPROVED:
_______________________
___________________________
Fiduciary
Attorney At Law
(App A: Page 1 of 3)
ESTATE
COUNSEL FEE GUIDELINE
The Court hereby adopts as a guideline only the following percentage
calculation based on the following definition of "Gross Estate."
The meaning of "Gross Estate" shall be the highest dollar value
of
(1) Inventory; (2) Ohio Estate Tax
Determination; (3) Federal Estate Tax Determination; or (4) the Account or
Accounts. (Note: Gross Estate
shall not include insurance proceeds payable to a named beneficiary, but shall
include not less than one-half of all co-owned or survivorship accounts or
property in decedent's name payable on death to another person. Where the
Federal Estate Tax Return is used as a criterion, the attorney shall file with
the Court a brief statement indicating the total assets appearing on the Federal
Estate Tax Return.)
In the determination of the attorney's fee, the following percent-ages were
applied to the "Gross Estate" which was determined to be:
(Circle the one used)
(1) Inventory
Value___________
(2) Ohio Estate Tax
Determination
Value___________
(3) Federal Estate Tax
Determination Value___________
(4) Account or Accounts Value___________
6% on the first $50,000.00 $________________
4% on the next $50,000.00 $_________________
3% on the next $300,000.00
$_________________
2% on the balance;
$________________
Total Fee Requested $_________________
____________________________
_________________________
Fiduciary
Attorney
(name typed or printed)
(App A: Page 2 of 3)
COLUMBIANA
COUNTY, OHIO
PROBATE
DIVISION
ESTATE OF
_________________________________________________________
CASE NO. __________________________DOCKET___________PAGE
________
JUDGMENT ENTRY:
COUNSEL FEES FOR AN ESTATE
THIS Court finds that proper administration of said estate required the
Fiduciary or Commissioner to employ __________________,____ as Estate Counsel,
and that the dollar amount of legal services provided, $______________,
constitutes reasonable attorney fees, subject to exceptions.
WHEREUPON, the Fiduciary or Commissioner is hereby authorized to make
such payment out of this Estate's assets.
The actual filing of the Final Accounting shall occur not later than
sixty (60) days from the filing of this Order.
DATE:
_____________________________
C. ASHLEY PIKE, Judge
APPROVED:
_________________________
Fiduciary or Commissioner
_________________________
Attorney
APPENDIX
B
IN
THE COURT OF COMMON PLEAS
COLUMBIANA
COUNTY, OHIO
PROBATE
DIVISION
TRUST OR GUARDIANSHIP OF
__________________________________________
CASE NO.
___________________________DOCKET
PAGE _______________
JUDGMENT
ENTRY:
COUNSEL FEES GUARDIANSHIP/TRUST
It appearing to the Court that it was necessary for the (Guardian)
(Trustee) to employ _______________________________, Attorney at Law, and that
the reasonable value of said legal services provided is
$_____________, the same is allowed
as attorney fees, subject to exceptions. The computation of fees is attached, if applicable.
The (Guardian) (Trustee) is authorized to make such payment out of the
assets of the Estate.
_________________________
C. ASHLEY PIKE Judge
__________________________
(Guardian)
(Trustee)
_________________________
Attorney at Law
Dated: ___________________
(App B:
Page 1 of 4)
IN
THE COURT OF COMMON PLEAS
COLUMBIANA
COUNTY, OHIO
PROBATE
DIVISION
GUARDIANSHIP OR TRUST
______________________________________
CASE
NO.________________________________DOCKET_______PAGE_______
JUDGMENT
ENTRY:
GUARDIAN OR TRUSTEE FEES
(with
attached computation)
The Court approves and orders paid reasonable compensation to the
Guardian/Trustee in the sum of $________________ and orders the same paid from
the assets of the Guardianship/Trust.
Said payment is ordered made simultaneously with the filing of any
accounting now due.
________________________
C. ASHLEY PIKE JUDGE
__________________________
GUARDIAN/TRUSTEE
__________________________
ATTORNEY AT LAW
DATED: ___________________
(Guardian/Counsel)
(Two
Year Accounting Period)
ORDINARY
FEES
I.
Total Income During Period ($
) x 6%
$ ________
II. Principal Fee of $4 per thousand (.004) of the first
$200,000 of market value $_________
$1.50 per thousand (.0015) of market value over $200,000
TOTAL ORDINARY FEES
$ _________
(Minimum $100 for any 2-year accounting period)
III. Extraordinary
Fees (Itemize and attach time records)
A. ________________________________________
B. ________________________________________
C. ________________________________________
TOTAL EXTRAORDINARY FEES
$____________________
___________________________________________________________________
TOTAL I, II, and III
$ ______________________
TOTAL FEE REQUESTED
$ ______________________
COMPUTATION
OF TRUST FEES
IN
THE CASE OF INDIVIDUAL TRUSTEES
Two Year Accounting Period From
__________________to ___________________
I. Principal Fee =~$2.00 per $1,000 of Principal's Market
Value
_______________________ =
$2.00 x $ ______________________
_________________________=
6.5% x $ ________________________
_________________________ = 1% x
$___________________________
TOTAL FEES COMPUTED FROM ABOVE =
$___________________________
TOTAL FEES REQUESTED =
$______________________________________
(App B: Page 4 of 4)
IN
THE COURT OF COMMON PLEAS
COLUMBIANA
COUNTY, OHIO
PROBATE
DIVISION
IN THE MATTER OF
_________________________________________
CASE NO. _________________________________DOCKET ________ PAGE ______
JUDGMENT ENTRY
Upon oral motion and based on the representations of counsel that the
same is appropriate, proceedings scheduled in this matter for
__________________________ will be held by telephone with the Court contacting
counsel of record at the appropriate time.
______________________
C. ASHLEY PIKE
Judge
Approved by:
__________________________
Attorney at Law
Dated: ____________________
(App C: Page 1 of 1)
