NOTE: These instructions are intended as a guideline only and should not be relied upon as a comprehensive list of duties in the summary release from administration of an estate. Remember to fill out the County Name (Adams) and the Division of the Court (Probate). The name of the Judge to be used on the forms is Brett M. Spencer. The name of the Magistrate to be used on the forms is David M. Hunter. All forms should be typewritten or legibly printed.
The Clerks and the Court CANNOT provide any legal advice.
The following documents must be filed.
Form AC-001 - Notice of Appearance (Word | PDF) Required for Attorneys and any party not represented by an attorney
Form AC-002 - Waiver of Counsel (Word | PDF) Required for any party not represented by an attorney
Standard Probate Form 22.0 - Application to settle minor's claim
Complete information, and if an attorney is obtained, have attorney complete applicable information.
A copy of birth certificate of the minor is required.
Attach a narrative statement.
Attach a statement from the examining physician regarding the injuries sustained.
Attach Required affidavits if the settlement is structured.
Attach Copy of the settlement indicating if the settlement is partial or complete
Standard Probate Form Form 22.1 - Waiver and Consent to Settle Minor’s Claim
Both parents must waive notice or be served notice by certified mail of the hearing date and time.
If a guardianship is necessary and the address of a parent is unknown, publication is required.
At the hearing
Standard Probate Form Form 22.2 - Entry Approving Settlement of a Minor’s Claim
Complete form and present to clerk prior to the hearing
At the date and time of the hearing, the parent(s), minor child, and the attorney (if one is obtained) should report to the Probate Court.
If a guardian is needed, then the hearing on the appointment of a guardian will be held first and the minor settlement will be held thereafter.
DEPOSITING OF FUNDS AND FILING OF VERIFICATION OF DEPOSIT
Without appointment of a guardian:
Once the settlement has been approved, the net settlement proceeds must be deposited into a bank located in Adams County. The funds must be held in the sole name of the minor until the minor reaches the age of 18. After the money has been deposited, a Form AC-426 VERIFICATION OF RECEIPT AND DEPOSIT (Word | PDF ) and the Report of Distribution and Entry Minor’s Claim (Standard Probate Form 22.4) must to be submitted to the clerk prior to the hearing.
With appointment of a guardian and funds are deposited in a Custodial Depository:
Once the settlement has been approved, the check needs to be deposited into a deposit in lieu of account in the name of the guardian and minor. After the money has been deposited, a Form AC-426 VERIFICATION OF RECEIPT AND DEPOSIT (Word | PDF ) and a Report of Distribution and Entry Minor’s Claim (Standard Probate Form 22.4) must submitted to the clerk.
With the appointment of a guardian and the funds are maintained in a guardian’s account:
Once the net settlement proceeds have been deposited into a bank located in Adams County, submit the Form AC-426 VERIFICATION OF RECEIPT AND DEPOSIT (Word | PDF ) to the clerk.
COURT COSTS DEPOSITS MUST BE PAID BEFORE ANY PLEADINGS WILL BE ACCEPTED FOR FILING.
ALL FILINGS ARE SUBJECT TO REVIEW BY THE COURT FOR COMPLETENESS AND ACCURACY. INCOMPLETE, ILLEGIBLE, OR OTHER DOCUMENTS NOT CONFORMING WITH OHIO LAW AND RULES OF PROCEDURE MAY RESULT IN THE PLEADINGS BEING DISMISSED.