When opening an estate for the sole purpose of pursuing a claim for the wrongful death of the decedent, Application to Appoint Fiduciary Without Bond, Waive Filing of Inventory and Accounts (Form ES4.2A) must be filed to determine, at the court’s discretion, if the fiduciary must be bonded.
All applications to settle claims for wrongful death shall be set for hearing. All interested parties to the distribution of the net proceeds of the settlement shall be listed by name, residence, and relationship to the decedent on the proposed entry approving settlement or distributing wrongful death proceeds.
Interested parties shall be those persons described in section 2125.02(A)(1) RC and shall include not less than two degrees of kinship as computed by the Civil Law.
When the Court is called upon to endorse an agreed entry of distribution or to adjust the shares of distribution, notice to or consents from those interested parties designated above shall be required.
The applicant is required to appear at the hearing regarding an application to approve a wrongful death settlement or proposed distribution. An applicant shall have 30 days following approval in which to file the report of distribution unless otherwise ordered by the Court. The report of distribution shall be approved only after appropriate vouchers are presented.
Attorney fees for completing probate work in having a wrongful death settlement approved shall be paid from the contingent fee.