DISCLAIMER
These rules are posted for informational purposes only
and may not be completely up-to-date
CRAWFORD COUNTY LOCAL COURT RULES
CRAWFORD COUNTY, OHIO, COMMON PLEAS COURT
PROBATE DIVISION
LOCAL RULES OF THE PROBATE COURT
It is hereby ordered, adjudged and decreed that effective September 1, 1984, in accordance with Rule 44 of the Rules of Superintendence for the Probate Division of the Court of Common Pleas, the following shall constitute the local rules of the Probate Court of Crawford County, Ohio:
Rule 18.1
HOURS OF THE COURT
The Probate Court and its offices shall be open for the transaction of business from 8:30 o'clock a.m. to 4:30 o'clock p.m. daily except Saturday, Sunday, and legal holidays.
Rule 20.1
EXAMINATION OF PROBATE FILES, RECORDS, AND OTHER DOCUMENTS
Copies of any open records may be obtained at $.50 per page.
Rule 39.1
COUNSEL FEES IN CONNECTION WITH SETTLEMENT OF CLAIMS
FOR WRONGFUL DEATH, CONSCIOUS PAIN AND SUFFERING, CLAIMS FOR PERSONAL INJURIES TO PERSONS UNDER GUARDIANSHIP, AND SETTLEMENT OF PERSONAL INJURIES TO MINORS UNDER RC 2111.18
In cases where representation is on a contingent basis, counsel will be allowed fees on the amount obtained in accordance with the following schedule:
33-1/3% of the first $100,000.00;
30% of the amount over $100,000.00.
Upon written application additional compensation may be granted if the applicant demonstrates and the Court is satisfied that extraordinary services have been rendered.
Rule 40.1
COUNSEL FEES
(A) Counsel fees allowed as part of the expense for administering a decedent's estate, trust or guardianship, shall be based upon the actual services performed by the attorney and the reasonable value of the services.
(B) All applications for the allowance of attorney fees shall set forth an itemized statement of the services performed, the date services were performed, the time spent in rendering the services, and the rate charged per hour.
(C) Where all interested parties have consented in writing to the amount of counsel fees, an application need not be made for the allowance, provided the consent is endorsed on the fiduciary account, or evidenced by a separate instrument filed with the account. This provision shall not apply to guardianships.
(D) Prior to a fiduciary entering into a contingent fee contract with an attorney for services, an application for authority to enter into the contract shall be filed and approved by the Court.
Rule 42.1
GUARDIAN'S COMPENSATION
Unless otherwise provided by law or ordered by the Court, a guardian may charge for his ordinary services an amount computed in accordance with the following schedule:
(a) In estates where the fair market value of the principaL is less than $100,000.00, the guardian may receive compensation as follows:
During each accounting period required by statute, 4% of the first $3,000.00 of income, and 3% of the balance in excess of $3,000.00; and 4% of the first $3,000.00 of expenditures and 3% of the balance in excess of $3,000.00.
An annual fee of $2.00 per $1,000.00 of the fair market value of the principal.
Minimum compensation of $50.00 per year.
Compensation computed on income will not be allowed on balances carried forward from one accounting period to another; nor will an investment of funds of the final distribution of unexpended balances to a ward at the close of a guardianship be considered as an expenditure.
(b) In estates where the fair market value of the principal is $100,000.00 or more, the guardian may receive as annual compensation an amount to be computed on the fair market value of the principal, in accordance with the following schedule:
$5.00 per $1,000.00 on the first $100,000.00 of the fair market value of the principal;
$4.00 per $1,000.00 on the next $200,000.00 of the fair market value of the principal;
$3.00 per $1,000.00 on all over $1,000,000.00 of the fair market value of the principal.
For the purpose of computing a guardian's compensation as herein provided in (a) or (b) above, the fair market value of the principal shall be determined by the guardian as of the date of his appointment and as of each anniversary thereafter. The compensation so determined may be charged during the ensuing year. The annual principal valuation shall be adjusted from time to time to reflect additions to and withdrawals from the principal of the estate, and the compensation for
the remaining portion of the annual period shall be similarly adjusted to reflect such revised valuation.
Additional compensation, reimbursement for expenses incurred and fees of a guardian of the person only may be fixed by the Court on application.
The Court may require that applications for fees or compensation be set for hearing and that written notice of the time and place of the hearing and the amount applied for be given to interested parties, as required by the Court. A copy of the notice, with certified mail return receipt attached, together with an affidavit of the service of such notice, shall be filed prior to the hearing.
The compensation of co-guardians in the aggregate shall not exceed the compensation which would have been payable if only one guardian had been acting.
A separate schedule of the computation of the guardian's compensation shall be set forth in the guardian's account as a condition of its approval.
Except for good cause shown, neither compensation for a guardian nor fees to the attorney representing the guardian, will be allowed when the guardian is delinquent in filing an account as required by RC 2109.30.
Rule 43.1
TRUSTEE'S COMPENSATION
(A) Except where the instrument creating the trust makes provision for compensation, a testamentary trustee may charge annually for ordinary services performed by the trustee in connection with the administration of each separate trust estate:
(1) An amount to be computed on the fair market value of the principal of the trust property, in accordance with the following schedule, such compensation to be charged one-half to income and one-half to principal, unless otherwise provided in the instrument creating the trust:
$8.00 per $1,000.00 on the first $200,000.00 of the fair market value of the principal;
$6.00 per $1,000.00 on the next $800,000.00 of the fair market value of the principal;
$4.50 per $1,000.00 on all over $1,000,000.00 of the fair market value of the principal;
The trustee may charge a minimum fee of $600.00.
(2) There may be allowed an amount equal to 1% of the fair market value of any distribution or payment from the principal of the trust property. This amount shall be charged against and deducted from the distribution or payment.
(B) For the purpose of computing the trustee's compensation as herein provided, the fair market value of the principal of the trust property shall be determined by the trustee as of a date, determined by the trustee, such date to commence during the month of the original
receipt of the trust property and each anniversary date thereafter.
(At the option of the trustee, fee evaluations may be made on a quarterly basis, each evaluation to be coordinated with the original annual evaluation date as selected by the trustee - if the option is selected by the trustee, the trustee must continue to compute his
trustee's fee on the quarterly valuation basis, unless upon application to the Probate Court, a change in fee valuation method is allowed.)
(C) Additional compensation for extraordinary services may be allowed upon application. The Court may require that the application be set for hearing and notice thereof be given to interested parties in accordance with Civil Rule 4.1. The notice shall contain a statement of amount of the compensation sought.
(D) The compensation of co-trustees in the aggregate shall not exceed the compensation which would have been payable if only trustee had been acting, except in the following instances:
(1) Where the instrument under which the co-trustees are acting provides otherwise; or
(2) Where all the interested parties have consented in writing to the amount of the co-trustees' compensation, and the consent is endorsed on the trustees' account or evidenced by separate instrument filed therewith.
(E) A separate schedule of the computation of trustee's compensation shall be shown in the trustee's account as a condition of its approval.
(F) Except for good cause shown, neither compensation for a trustee nor fees to the counsel representing the trustee will be allowed while the trustee is delinquent in filing an account required by RC 2109.30.
Steven D. Eckstein, Judge of the
Crawford County, Ohio, Probate Court
