NOTE: These instructions are intended as a guideline only and should not be relied upon as a comprehensive list of duties. 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.
If not already filed in the underlying matter, Form AC-001 - Notice of Appearance (Word | PDF) Required for Attorneys and any party not represented by an attorney and Form AC-002 - Waiver of Counsel (Word | PDF) Required for any party not represented by an attorney. A copy of birth certificate of the minor is required.
In any case involving a Trust, and attorney is required.
When a minor is entitled to receive money or property from a decedent's estate, a trust, a life insurance policy, a retirement plan, or a similar source, the fiduciary or payor shall apply to the Court for an order directing distribution. The method of oversight shall be determined based on the net value of the distribution as follows:
(1) $1,000 or Less: The Court may order the funds to be paid directly to the minor, to the minor's parent(s), or to the person with whom the minor resides for the minor's benefit. No formal accounting is required.
(2) $1,001 to $10,000: The funds shall be deposited into a restricted account at a federally insured financial institution in the minor's name. No withdrawals shall be permitted until the minor reaches the age of eighteen (18) or upon further order of the Court. The procedure shall be as follows:
o File Form AC-423: Application to Pay or Deliver Estate of a Minor. (Word | PDF )
o Parents/custodians must sign Form AC-424: Acknowledgment of Responsibility. (Word | PDF )
o The Court will issue Form AC-425: Judgment Entry to Pay or Deliver Estate of Minor.(Word | PDF )
o The applicant must file Form AC-426: Verification of Receipt and Deposit within thirty (30) days of the Court's order. (Word | PDF )
(3) $10,001 to $25,000: The creation of a Uniform Transfers to Minors Act (UTMA) account pursuant to R.C. Chapter 5814, with distribution to the minor at age twenty-one (21), is the presumptive procedure for funds in this range. Upon application and for good cause shown, the Court may approve other arrangements, such as a restricted account. The procedure for establishing a UTMA account shall be as follows:
o File Form AC-423: Application to Pay or Deliver Estate of a Minor. (Word | PDF )
o Parents/custodians must sign Form AC-424: Acknowledgment of Responsibility.(Word | PDF )
o The Court will issue Form AC-425: Judgment Entry to Pay or Deliver Estate of Minor.(Word | PDF )
o The applicant must file Form AC-426: Verification of Receipt and Deposit within thirty (30) days of the Court's order.(Word | PDF )
(4) Over $25,000: The Court shall order the appointment of a Trustee to manage the funds within an Irrevocable Trust established pursuant to R.C. 2111.182, with the trust terminating when the minor reaches the age of twenty-five (25). Upon application, the Court may waive any bond requirement for a biological parent who is designated as the trustee. Non-parent trustees must be bonded. The procedure shall be as follows:
o File Form AC-449: Application for the Appointment of a Trustee. (Word | PDF)
o The proposed Trustee must sign and file Form AC-451: Fiduciary's Acceptance (Trust).(Word | PDF)
o The Court will approve Form AC-450: Irrevocable Trust Agreement (Minor) (Word | PDF) and issue Form AC-452: Trustee's Letters of Authority. (Word | PDF)
o The Trustee shall file Form AC-453: Trustee's Inventory (Word | PDF) and thereafter file Form AC-454: Trustee's Account (Word | PDF) biennially as required by law and local rule.
All settlements of claims for injuries to a minor or wrongful death claims for the benefit of a minor must be approved by the Court pursuant to R.C. 2111.18 and Superintendence Rule 68. The net proceeds shall be distributed and overseen as follows:
(1) $1,001 to $10,000: The net proceeds shall be deposited into a restricted account as described above.
(2) $10,001 to $25,000: The net proceeds shall presumptively be placed in a Uniform Transfers to Minors Act (UTMA) account as described above. For good cause shown, the Court may order the proceeds to be handled through a restricted account as described above.
(3) Over $25,000: The net proceeds shall be placed in an Irrevocable Trust pursuant to R.C. 2111.182 as described above. The Court may also consider a structured settlement where appropriate.