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Anderson's Ohio Probate Practice and Procedure

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Anderson's Ohio Probate Practice and Procedure is a comprehensive, annotated text discussing every aspect of probate procedure in chronological order detailing every move the practitioner will need to follow in Outlines of Procedure.

Major topics include:

•  Adoptions
•  Estates
•  Trusts
•  Guardianships
•  Care and treatment for the mentally handicapped
•  Anatomical Gifts
•  Declaration for Mental Health Treatment
•  Alternative Dispute Resolution


•  A downloadable zip file containing ready-to-use word processor versions of author-drafted forms
•  Review copies of Standard Probate Forms and other official forms used by government agencies

Authors / Contributors

Table of Contents


Probate Court: Jurisdiction and Procedures

Chapter 1: Development of the Probate Court

Chapter 2: Jurisdiction of the Probate Court

Chapter 3: Procedures of the Probate Court

Chapter 4: Application of the Rules of Civil Procedure to the Probate Court

Chapter 5: Summary of Estate Administration Procedures

Estate Administration

Chapter 6: Will Contests

Chapter 7: Notice Procedures

Chapter 8: The Will; Existence and Location

Chapter 9: Admitting the Will to Probate

Chapter 10: Appointing the Fiduciary

Chapter 11: General Duties of the Fiduciary (Executors, Administrators, Trustees, and

Chapter 12: Collection of Assets

Chapter 13: Inventory and Appraisement

Chapter 14: Presentation of Claims and Payment of Debts

Chapter 15: Rights of the Surviving Spouse

Chapter 16: Real Estate; Evidence of Title; Certificate of Transfer

Chapter 17: Descent and Distribution; Heirs

Chapter 18: Construction of the Will

Chapter 19: Sale of Property, Personal and Real

Chapter 20: Investments

Chapter 21: Distributions

Chapter 22: Accounts

Chapter 23: Estate Tax

Chapter 24: Death, Incapacity, Resignation and Removal of Fiduciary

Chapter 25: Ancillary Administration, Land Sales by Foreign Executors, Administrators, and
Testamentary Trustees

Chapter 26: Relief From Administration and Summary Release from Administration

Chapter 27: Wrongful Death

Guardianship Administration

Chapter 28: Appointment of Guardian

Chapter 29: Powers and Duties of the Guardian

Chapter 30: Administering the Ward's Estate

Chapter 31: Nonresident Ward or Guardian

Chapter 32: Termination of Guardianship

Chapter 33: Guardian Ad Litem

Care and Treatment of the Mentally Handicapped

Chapter 34: The Protective and Legal Rights Services

Chapter 35: Hospitalization or Institutionalization of Mentally Handicapped Persons

Chapter 36: Involuntary Hospitalization

Chapter 37: Guardianship and the Mentally Handicapped


Chapter 38: Miscellaneous Statutory Trusts

Chapter 39: Overview of Testamentary Trusts

Chapter 40: Appointment, Inventory, and Accounts

Chapter 41: Rule Against Perpetuities

Chapter 42: The Ohio Trust Code: General Provisions and Definitions; Judicial Proceedings

Chapter 43: Representation, For Purposes of the Ohio Trust Code

Chapter 44: Creation, Validity, Modification, and Termination Of Trusts

Chapter 45: Creditor's Claims; Spendthrift and Discretionary Trusts

Chapter 46: Revocable Trusts

Chapter 47: Office of Trustee; Duties and Powers Of Trustee

Chapter 48: Liability of Trustees and Rights of Persons Dealing With Trustee


Chapter 49: Adoption

Chapter 50: Marriage

Chapter 51: Change of Name

Chapter 52: Power of Attorney

Chapter 53: Presumed Decedents Law

Chapter 54: Voluntary Assignments for the Benefit of Creditors

Chapter 55: Illegitimacy and Inheritance

Chapter 56: Vital Statistics

Chapter 57: Road and Sewer Appeals

Chapter 58: Mortality Tables; Present Value Tables

Chapter 59: Living Will

Chapter 60: Anatomical Gifts

Chapter 61: Right of Disposition

Checklist for the Attorney for a Personal Representative

Outlines of Procedure in the Probate Court



Forms Correlating with Text Chapters in Volume One

Standard Probate Forms

Ohio Estate Tax Forms and Estate Tax Bulletins

Index to Volumes 1 and 2