Computation Form Of Attorney Fees Page 22

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RULE 77
COMPLIANCE
Failure to comply with these rules may result in sanctions as the court may
direct.
RULE 78
PROBATE DIVISION OF THE COURT OF COMMON PLEAS - CASE
MANAGEMENT IN DECEDENT'S ESTATE, GUARDIANSHIP, AND TRUSTS
(A)
Each fiduciary shall adhere to the statutory or court-ordered time
period for filing the inventory, account, and, if applicable, guardian's report. The
citation process set forth in section 2109.31 of the Revised Code shall be utilized to
ensure compliance. The attorney of record and the fiduciary shall be subject to the
citation process. The court may modify or deny fiduciary commissions or attorney
fees, or both, to enforce adherence to the filing time periods.
(B)(1) If a decedent's estate must remain open more than six months
pursuant to R.C. 2109.301(B) (1) [R.C. 2109.30.1(B) (1)], the fiduciary shall file an
application to extend administration (Standard Probate Form 13.8).
(2)
An application to extend time for filing an inventory, account, or
guardian's report, shall not be granted unless the fiduciary has signed the
application.
(C)
The fiduciary and the attorney shall prepare, sign, and file a written
status report with the court in all decedent's estates that remain open after a period
of thirteen months from the date of the appointment of the fiduciary and annually
thereafter. At the court's discretion, the fiduciary and the attorney shall appear for a
status review.
(D)
The court may issue a citation to the attorney of record for a fiduciary
who is delinquent in the filing of an inventory, account, or guardian's report to show
cause why the attorney should not be barred from being appointed in any new
proceeding before the court or serving as attorney of record in any new estate,
guardianship, or trust until all of the delinquent pleadings are filed.
(E)
Upon filing of the exceptions to an inventory or to an account, the
exceptor shall cause the exceptions to be set for a pretrial within thirty days. The
attorneys and their clients, or individuals if not represented by an attorney, shall
appear at the pretrial. The trial shall be set as soon as practical after pretrial. The
court may dispense with the pretrial and proceed directly to trial.
20

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