Civil - Miscellaneous

Appeals to Probate Court

O.R.C. §6117.09 permits and provides procedures for filing an appeal in the Probate Court by the owner of property which is to be assessed for improvements approved by the county commissioners. Appeals may be based upon necessity of the improvement, boundaries of the district or the way the tax is apportioned.

O.R.C. §5731.30 also provides for appeals to the Probate Court from the final administrative decision of the Ohio Department of Taxation regarding taxes claimed due under a decedent's estate.

Appointment of a Receiver
O.R.C. §2735.01 permits the Court to appoint a receiver in cases pending before the Court in replevin actions.

Auditor/removal

O.R.C. §319.25 provides for a complaint of dereliction of duty to be filed against the county auditor. If the Probate Court is ". . . satisfied upon examination that there are reasonable grounds for a complaint as provided in O.R.C. §2921.44. . . the Probate Court may report the complaint to the board of county commissioners which shall immediately suspend the county auditor. . ."

Commissioners' Bond

O.R.C. §305.04 requires each and every county commissioner to give bond ". . . in a sum not less than five thousand dollars, the surety company to be approved by the Probate Judge of the County, the bond conditioned upon the faithful discharge of the commissioners' official duties and for the payment of any loss or damage that the county may sustain by reason of his failure in such duties. . ."

Complaints

• 1. Citation to Produce a Will. O.R.C. §§2107.09 et seq., allows for any interested party to file a Complaint to cause a Will to be brought before the Probate Court of the County where the decedent resided. The Court may then compel any person having custody of the Will to produce it for the Court.
• 2. Will Construction. O.R.C. §§2107.46 allows any fiduciary to file an action in the Probate Court against creditors, legatees, distributes or other interested parties to ask the direction of the Probate Court in the construction to be applied to language used in a decedent's Last Will. If a fiduciary, upon request by any interested parties, fails to file the suit to Construe the Will, the requesting party may then institute the suit.
• 3. Will Contest. O.R.C. §§2107.71 et seq., allows any person interested in a Will (or Codicil) to initiate a Civil Action to contest the validity of that Will, within 3 months after the filing of the Notice of Admission of Will to Probate upon them, pursuant to O.R.C. §2107.19
• 4. Concealment of Assets. O.R.C. §§2109.50 et seq., allows for a Complaint to be filed by any interested party against any person suspected of having concealed, embezzled or conveyed away assets of any trust estate (i.e. Estate, Guardianship or Trust assets). The Court may also initiate procedures on its own motion, examine those witnesses it ordered to appear and may grant such relief as it deems necessary.

Declaratory Judgment

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1. O.R.C. §2107.081 allows a person who executes a Will to petition the Court where he is domiciled (resides) for a judgment declaring the validity of his/her Will, while he/she is still alive.

2. O.R.C. §2101.24 allows the Probate Court jurisdiction to make declaratory judgments on all areas under this Statute where jurisdiction has been granted by the legislature.

Determination of Heirs

O.R.C. §§2123.01 et seq., provides that whenever property passes by the laws of intestate succession, or under a Will to a beneficiary not named in such a Will, proceedings by Petition may be had in the Probate Court to determine the persons entitled to such property. The Petition, although normally initiated by the fiduciary, may be initiated by any other interested party.

Disinterment

All applications for disinterment, pursuant to O.R.C. ''517.23 and 517.24, shall be filed with the Court utilizing the Application to Disinter Remains of a Decedent (Local Form 75.15 M.C.-a), Parties Entitled to Notice (Local Form 75.15 M.C.-b), Notice of Hearing Upon Application to Disinter Remains of a Decedent (Local Form 75.15 M.C.-c), Waiver of Notice of Hearing Upon Application to Disinter Remains of a Decedent (Local Form 75.15 M.C.-d), Affidavit of Service (Local Form 75.15 M.C.-e) and Judgment Entry and Orders for Disinterment (Local Form 75.15 M.C.-f).

A certified copy of the decedent's death certificate, or other proof of the decedent's death satisfactory to the Court, shall be attached to the Application to Disinter Remains of a Decedent.

Injunction

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O.R.C. §2727.02 allows for the granting of a restraining order when the relief requested "consists in restraining the commission or continuance of such act. . .which, during the litigation, would produce great or irreparable injury to the plaintiff, or when,. . .it appears the defendant is doing, threatens or is about to do, or is processing or permitting to be done, such acts in violation of the plaintiff's rights, respecting the subject of the action, and tending to render the judgment unaffected.

(a) Applicable to a multitude of other actions where its omission could injure an estate, ward, beneficiary, etc.

(b) Used in conjunction with Civ. R. 65, Temporary Restraining Order; preliminary injunction.

Safe Deposit Box

Any interested person may apply to the Court, by first filing an Application For Authority To Inventory The Contents Of A Safe Deposit Box, for authority to enter the safe deposit box of a resident decedent of Mahoning County for the purpose of inventorying the contents and to retrieve and deliver the decedent's Last Will and Testament to the Probate Court. Mahoning County Probate Court's Local Rule 75.14 will assist you with the details of proceeding with this process.

Transfer of Township Property when Village is Created or City is Incorporated.

O.R.C. §707.28 provides that when a village or city is incorporated from a portion of a township, the village or city treasurer may apply to the Probate Court for a transfer of real property, of personal property or of funds in the treasury to which it feels it is entitled.

Trusts Created by Foreign Will

O.R.C. §2129.27 provides a procedure for the execution of trusts under Wills created in another state, but involving Ohio land.

*Be careful. Each of these proceedings may include special rules for its institution, proceeding, the presentation of evidence and the resulting judgment of the Court. With these thoughts in mind, you are encouraged to consult with your legal counsel regarding your rights and responsibilities under any such proceeding.