The Rules of Superintendence for the Court of Common Pleas, Probate Division are hereby amended and adopted in accordance with Rule 5 of the Rules of Superintendence for the Courts of Ohio, effective August 1, 2024 to include the following change.
Rule 50
EVIDENCE OF DEATH
With the initial filing of any estate administration proceeding, including a certificate of transfer only, relief from administration, or summary relief from administration, in which no attorney is representing the applicant, a certified copy of the decedent’s death certificate shall be exhibited to the Court. The deputy clerk shall make a photocopy of the death certificate and shall redact the social security number before filing the photocopy.
If an attorney enters an appearance for the applicant, a photocopy of the death certificate may be submitted with the social security number redacted before filing. A death certificate is not required in any of the following proceedings; (a) a will is being filed for record only, or (b) the only filing being made is an Ohio estate tax filing.
If the death certificate is not reasonably available when the initial estate filing is made, the application to open the estate must be accompanied by a published obituary for the decedent or letter from the funeral home identifying the decedent. To be accepted, the funeral home letter or obituary must recite the date of death and the decedent’s residence address. This alternative evidence of death does not exempt the estate from the requirement for providing the death certificate as soon as it is available, and no distribution or transfer of assets may be made without the death certificate first being filed or a specific order of the Court.