Every account presented to the Court shall comply with the Rules of Superintendence of the Courts of Ohio and shall be examined by the Clerk and shall include an itemized statement of all receipts of the fiduciary, an itemized statement of all disbursements and distributions made by the fiduciary referenced by number, an itemized statement of all funds, assets, and investments on hand at the end of the accounting period, and, where real estate has been sold, a copy of the closing statement bearing the signature of the fiduciary.
All fiduciaries must sign the account where multiple fiduciaries have been appointed, unless otherwise ordered by the Court.
A partial account shall have an accounting period which ends not more than six (6) months prior to the time it is presented, and it shall specify the number of the account using ordinal numbers, e.g., First Partial Account.
When presenting an account for audit, the fiduciary shall provide copies of all bank statements for the entire accounting period. In addition, the fiduciary shall provide documentation showing the net proceeds from any sales of personal property. With regard to disbursements and distributions made during the accounting period, fiduciaries shall provide vouchers or other proof of payment. Acceptable vouchers or proofs shall include but not be limited to signed receipts, invoices marked paid by the creditor, cancelled checks, bank statement entries regarding electronic withdrawals, and check substitutes issued by financial institutions.
The fiduciary or his counsel shall comply with section 2109.32 RC and certify that a copy of the account shall be provided to each heir of an intestate estate and each beneficiary of a testate estate. Copies need not be served where the address of an heir or beneficiary is unknown or in cases where the beneficiary of a specific bequest has received his or her distribution as attested by a previous account filed in the proceedings.
In the case of a Final Account, the executor or administrator shall give notice of hearing to the following persons whose addresses are known: in the case of intestate estates to all heirs and their counsel of record and in the case of testate estates to the residuary beneficiaries and their counsel of record. When a will creates a charitable trust, notice of hearing shall be afforded the Ohio Attorney General, Charitable Trusts Division.
Status Reports shall not be required unless mandated by Rule 78 of the Rules of Superintendence for the Courts of Ohio or requested by the Court.
Where an heir or beneficiary is a minor, a guardianship must be established either in Brown County or elsewhere before any distribution is made unless the value of the distribution is $25,000.00 or less and distribution may be made in conformity to section 2111.05 RC. The Court may require the deposit of all sums of $25,000.00 or less in the Court’s depository and generally such funds will not be available until the ward attains majority. Section 581 4.02(E) should also be considered in the case of minor heirs or beneficiaries.
A guardian shall file a Partial Account annually. A guardian shall not be required to give notice of hearings for Partial Accounts except in the case of Veteran's Guardianships where notice shall be given to the Veteran's Administration. Unless waived, a guardian shall give notice of the hearing on the Final Account to the following persons whose addresses are known: in the case of an incompetent, to the Ward's next-of-kin, or in the discretion of the Court to the fiduciary of the Ward's estate. In the case of a minor, to the Ward if the Ward has reached the age of 16 years, otherwise to the Ward's next-of-kin. In all cases, to counsel of record for any represented party.
With regard to accounts filed by trustees, Partial Accounts shall be rendered at least biennially. When presenting an Account, the trustee shall file a current list of the names and addresses of all persons interested in the trust. Unless waived, the trustee shall serve notice of the hearing on an Account to the following persons whose addresses are known: all income beneficiaries, counsel of record for any represented party, and the Ohio Attorney General, Charitable Trusts Division for charitable trusts.
Service of notice of hearings for all accounts may be made by ordinary mail or by personally delivering a copy of the notice to the person entitled to receive it. Evidence of notice shall be documented by the filing of an "Affidavit of Service" which sets forth the manner of service.
If an account is not timely filed and no arrangement has been made for an extension of the due date, a Citation to Appear shall be issued compelling the attendance of both the attorney and the fiduciary.