|
Court
News Ohio
Supreme
Court Seeks Public Comment
on New, Revised Probate Forms
May 13, 2013
The
Ohio Supreme Court will accept
public comment until June 11 on probate court forms that concern
Medicaid
estate recovery, real property certificates of transfer, foreign
adoption, and
disinterment applications.
Amendments
to the Rules of
Superintendence for the Courts of Ohio cover Probate Forms 7.0, 7.0(A),
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 three existing
probate court forms would be revised, under the proposed amendments:
Form
7.0 (Certification of Notice
to Administrator of Medicaid Estate Recovery) would be used by the
estate
administrator to notify the probate court that notice of the receipt of
Medicaid benefits has been filed.
Form
12.0 (Application for
Certificate of Transfer) complies with recent legislative changes
requiring
that the form provide the domicile instead of the residence of the
decedent,
indicate whether spousal elections have been exercised, and indicate
whether
any disclaimers or assignments have been filed.
Form
12.1 (Certificate of Transfer)
would identify the person who prepared the certificate to conform with
a
statutory provision allowing for the inclusion of additional
information that,
in the opinion of the probate court, should be included.
The
following are 10 proposed new
probate court forms:
Form
7.0(A) (Notice to
Administrator of Medicaid Estate Recovery) would be used by the estate
administrator to notify the administrator of the Medicaid Estate
Recovery
Program of the receipt of Medicaid benefits.
Form
19.2 (Petition to Recognize
Foreign Adoption) would 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) would 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) would 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) would 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) would 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) would 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) would be signed by a cemetery verifying that the remains
of the
decedent were reinterred.
Form
25.5 (Waiver of Notice of
Application to Disinter Remains) would be signed by individuals who
waive their
right to be notified of an applicant for disinterment.
Form
25.6 (Order to Disinter
Remains) would be used by the probate court to order the disinterment
of the
decedent.
Comments
should be submitted in
writing to:
John
VanNorman, Policy and Research
Counsel
Ohio
Supreme Court
65
South Front Street, Seventh
Floor
Columbus,
OH 43215
or
john.vannorman@sc.ohio.gov
To
view the complete language of the
new and revised forms click here.
|
