Disclaimer: This article provides general information only and does not constitute legal advice. Always consult a licensed attorney for guidance on your specific situation.
Detailed Answer
1. Recognize the Deadline Under Ohio Law
Under Ohio Revised Code §2109.30 (https://codes.ohio.gov/ohio-revised-code/section-2109.30), an executor or administrator must file a final accounting within six months of appointment. This accounting shows all receipts, disbursements and distributions made on behalf of the estate.
2. Understand Court Authority to Grant Extensions
The probate court may extend filing deadlines when good cause exists. Ohio Revised Code §2109.03 (https://codes.ohio.gov/ohio-revised-code/section-2109.03) grants the court broad authority to manage probate proceedings, including adjusting deadlines.
3. Prepare and File a Motion for Extension
File a formal Motion for Extension of Time to File Final Accounting in the probate court where the estate is pending. Title your document clearly and include the case caption, estate name, and case number.
4. Detail Your Reasons and Timing
Explain why you need more time. Common justifications include pending tax returns, complex asset appraisals or delays in gathering financial records. Specify the additional time requested (e.g., 90 days).
5. Serve Notice on Interested Parties
Ohio law requires notice to all beneficiaries and next of kin. File a certificate of service verifying that each interested party received a copy of your motion according to Ohio Superintendence Rule 66.
6. Attend the Hearing (If Required)
The court may schedule a hearing on your motion. Be prepared to present your reasons briefly and answer any questions the judge may have.
7. Obtain the Court’s Order
If the court finds good cause, it will issue an order extending the deadline. Keep a certified copy of the order with your probate file and file it electronically if required by local court rules.
Helpful Hints
- Begin your final accounting early to identify potential delays.
- Keep detailed financial records throughout administration.
- Communicate with beneficiaries about the status of accounting.
- Confirm local court rules for motion formatting and filing fees.
- Consider hiring a probate attorney for complex estates.