The Supreme Court of Ohio is accepting public comment on proposed new and revised probate forms.

The Supreme Court of Ohio is accepting public comment on proposed new and revised probate forms.

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.

View the complete language of the new and revised forms.

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

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