Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer
In Ohio, the probate court oversees the protection of a minor’s financial interest in an estate. When a minor inherits property or funds, the court may appoint either a guardian of the estate or a guardian ad litem (GAL) to manage or advocate for the minor’s share. Here’s how each appointment works:
1. Appointment of a Guardian of the Estate
1. File a petition under Ohio Revised Code section 2109.03 (ORC 2109.03) in the probate court of the county where the decedent’s estate is administered. The petitioner—often a parent, relative, or fiduciary—must:
- Identify the minor by name, age, and residence.
- Describe the nature and value of the estate interest.
- Explain why appointment is necessary to protect the minor’s assets.
2. Serve notice on all interested parties, including the minor’s other parent or existing guardian.
3. Attend a court hearing. The judge reviews the petition, verifies the minor’s interest, and considers any objections.
4. If approved, the court issues letters of guardianship and may require the guardian to post a bond under ORC 2109.21 (ORC 2109.21). The guardian must take an oath and file an inventory of the minor’s assets.
Once appointed, the guardian of the estate manages investments, pays necessary expenses, and files annual accountings under ORC 2109.30–2109.33. The guardianship ends when the minor turns 18 or when the court orders termination.
2. Appointment of a Guardian Ad Litem
1. Under Ohio Revised Code section 2111.35 (ORC 2111.35), the probate court may appoint a GAL if the minor’s interests conflict with those of parties in the case or if the court deems independent representation necessary.
2. The court selects a qualified individual—often an attorney or trained volunteer—to investigate the estate matter. The GAL interviews relevant persons, reviews documents, and determines what outcome best serves the minor.
3. The GAL files a written report and recommendation with the court. The report addresses fairness of proposed distributions, potential conflicts, and any suggested safeguards.
A GAL does not need to post bond or manage assets. Instead, the GAL’s role ends when the court adopts their recommendation or closes the estate proceedings.
Helpful Hints
- Consult the local probate court website for filing forms and fee schedules.
- Gather estate documents, like the will, account statements, and title records, before filing.
- Ensure timely service of notice to all interested parties to avoid delays.
- Prepare a clear inventory and annual accountings to meet court requirements.
- Consider hiring a probate attorney to navigate complex valuations or disputes.