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Ohio Civ.R. 73.28

Probate Division of the Court of Common Pleas -- Case Management in Decedent’s Estates, Guardianship, and Trusts

activein force · 2026-07-01 – presentact-effective-date

(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 cita tion 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), the fiduciary shall file an application to extend administration

(Standard Probate Form 13.8).

(2) An application to extend the 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 th e 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.

History

Effective Date: July 1, 2026

Provenance

Source
supremecourt.ohio.gov
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
79d07fad09c6551bb15151b77214c01f46d59002b36ee00f7977af4f33b4d504
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