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COURT OF COMMON PLEAS
PROBATE DIVISION
BROWN COUNTY, OHIO

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LOCAL RULES
Effective August 1, 2020

Val E. Lewis, II, JUDGE
510 East State Street
Georgetown, Ohio 45121

Rule 75.1 – LOCAL RULES (SPECIAL PROVISIONS)

  1. APPLICATION OF LOCAL RULES
    These Local Rules shall be applied prospectively as to all proceedings commenced on or after the effective date hereof.
  2. OMISSION/REDACTION OF PERSONAL IDENTIFIERS
    The following rule shall apply, except with respect to documents that the Court maintains under seal pursuant to law:
    When submitting a case document to a court or filing a case document with a clerk of court, a party to a judicial action or proceeding shall omit personal identifiers, as that terms is defined in Sup. R. 44, from the document. The last four digits of social security numbers and the last three digits of financial account numbers may be included.
    Redacted or omitted personal identifiers shall be provided to the Court or clerk only as required by law or upon request by the Court or to a party by motion. Redacted or omitted personal identifiers shall be filed on a separate form under seal. Form 270.00 shall be used for this purpose.
    The responsibility for omitting personal identifiers from a case document submitted to a court of filed with a clerk of court pursuant to this rule shall rest solely with the party. The court or clerk is not required to review the case document to confirm that the party has omitted personal identifiers.
  3. EVIDENCE OF TRUST
    When a beneficiary of a decedent’s estate is a trust, the fiduciary or counsel shall present evidence to the Court of the existence of the trust and the identity of the trustee no later than the filing of the entry approving inventory or the entry relieving the estate from administration.
    A photocopy of the executed trust or a memorandum of trust shall be sufficient for this purpose.
  4. GUARDIAN AD LITEM
    In accordance with section 2111.23 RC, the court shall appoint a guardian ad litem to protect the interests of a minor child or incompetent adult in a court proceeding when:

    1. The minor child has no parents, guardian, or legal custodian or the incompetent adult has no guardian;
    2. The interests of the minor child or incompetent adult and the interests of the parent, guardian, or legal custodian may conflict;
    3. The parent of the minor child is under eighteen years of age;
    4. Appointment is otherwise necessary to meet the requirements of a fair hearing.

    When the guardian ad litem is an attorney admitted to practice in this state, the guardian may also serve as counsel to the ward, providing no conflict between the roles exist.
    The party initiating the court proceeding in which a guardian ad litem is required shall suggest to the court arrangements for the compensation of the guardian ad litem. This shall be done at the time of the application for appointment and an appropriate order regarding compensation shall be incorporated in the entry of appointment.
    A guardian ad litem shall be entitled to minimum compensation of $250.00. Compensation in excess of this amount shall be based upon the time and value of services to the ward and shall be subject to approval of the court at the time the matter comes on for final determination.

Previous Rule 74.2 – ATTORNEY FEES FOR TRUST ADMINISTRATION Next RULE 78.1 – CASE MANAGEMENT IN DECEDENT ESTATES, GUARDIANSHIPS AND TRUSTS

Brown County is a county in the U.S. state of Ohio. The county seat is Georgetown. The county was created in 1818 and is named for Major General Jacob Brown, an officer in the War of 1812 who was wounded at the Battle of Lundy’s Lane.

Contact Us

  • 510 East State St.
    Georgetown, Ohio 45121
  • Probate: (937) 378-6549
  • Juvenile: (937) 378-6726
  • Fax: (937) 378-4729

Hours

  • Monday - Friday
  • 8:00 AM - 4:00 PM
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