Supreme Court Adopts New, Revised Probate Forms
The Ohio Supreme Court has adopted probate court forms that concern real property certificates of transfer, foreign adoption, and disinterment applications.
Amendments to the Rules of Superintendence for the Courts of Ohio cover Probate Forms 12.0, 12.1, 19.2, 19.3, 25.0, 25.1, 25.2, 25.3, 25.4, 25.5, and 25.6.
The following two existing probate court forms have been revised:
- Form 12.0 (Application for Certificate of Transfer) was amended to comply with recent legislative changes. Specifically, the form was revised to refer to the “domicile” instead of the “residence” of the decedent, and check-boxes were added to allow the applicant to indicate whether spousal elections have been exercised and if any disclaimers or assignments have been filed.
- Form 12.1 (Certificate of Transfer) was amended to include a space for identifying the person who prepared the certificate. This change is pursuant to a current statutory provision allowing for the inclusion of additional information that, in the opinion of the probate court, should be included.
The following are nine new probate court forms:
- Form 19.2 (Petition to Recognize Foreign Adoption), to be used by practitioners to provide a probate court with the necessary information for the recognition of a foreign adoption.
- Form 19.3 (Order for Ohio Birth Record for Foreign Born Child), to be used by the probate court to make a finding that a petitioner has complied with the statutory requirements for recognition of a foreign adoption and to order the issuance of a new birth record for the child.
- Form 25.0 (Application for Order to Disinter Remains), to be used by an applicant to petition a probate court for an order to disinter the remains of an individual.
- Form 25.1 (Judgment Entry Setting Hearing on Application for Disinterment), to be used by a probate court to set the date, time, and location for the hearing on an application for disinterment.
- Form 25.2 (Notice on Hearing for Disinterment), to be used by a disinterment applicant to notify individuals of the hearing on the application.
- Form 25.3 (Affidavit of Service of Notice of Hearing on Application for Disinterment), to be used by a disinterment applicant to affirm that the applicant has notified all persons interested in the application as required by law.
- Form 25.4 (Verification of Reinterment), to be signed by a cemetery to verify that the remains of the decedent were reinterred.
- Form 25.5 (Waiver of Notice of Application to Disinter Remains), to allow individuals to waive their right to be notified of an applicant for disinterment.
- Form 25.6 (Order to Disinter Remains), to be used by the probate court to order the disinterment of the decedent.
The new and revised forms take effect on March 1. The complete language of each is on the court’s website.