Closing an Ohio Estate After a Wrongful Death Settlement

A wrongful death case can take a long time. Investigation, negotiation, and sometimes a lawsuit and trial all have to run their course, as our guide chapter on how cases are resolved explains. Meanwhile, the probate estate stays open, and the court expects to hear from the executor or administrator on a regular schedule.

This chapter explains how to keep the estate in good standing while the claim is pending, and how it is closed when the work is done. It is the last step, and for many families it is a quiet relief.

The six-month default, and why wrongful death estates are different

Ohio's default rule is that an executor or administrator files a final and distributive account within six months after appointment (R.C. 2109.301(B)(1)). An account is a report to the court showing what came into the estate, what was paid out, and what remains.

The statute lists exceptions. One applies to most wrongful death estates: when "the administrator or executor is a party in a civil action" (R.C. 2109.301(B)(1)(d)). Another covers other reasons, approved by the court, why closing early would hurt the estate or its beneficiaries (R.C. 2109.301(B)(1)(g)).

When an estate must stay open beyond six months, the fiduciary files a paper with the court (Civ.R. 73.28(B)(1)):

• Form 13.10, Notice to Extend Administration, can be used when one of the listed reasons applies, including that the fiduciary is a party in a civil action. The form gives the case number and court. Montgomery County's checklist says this notice does not require court approval.
• Form 13.8, Application to Extend Administration, is used for other reasons and requires court approval.

Either way, an account or certificate of termination is then due no later than thirteen months after appointment. Montgomery County's checklist warns that it will not accept a waiver of partial account or an extension at the six-month mark unless the extension was approved, or the notice filed, before six months ran out. Put this deadline on your calendar the day you are appointed.

If the claim has not yet become a lawsuit at the six-month mark, talk with the lawyer handling the claim about which form fits.

Keeping the estate in good standing while the case is pending

The everyday duties described in Bond, Notices and Fiduciary Duties continue the whole time. After the first thirteen months, the reporting duties repeat:

• Annual accounts. After the first account (or a waiver of a partial account), the fiduciary files further accounts or waivers at least once a year until the estate closes (R.C. 2109.301(B)(4)).
• Waivers of partial accounts. When no heir or beneficiary is under a legal disability (a minor, for example), every heir or beneficiary can sign a written consent waiving a partial account (R.C. 2109.301(A)). The statewide form is Form 13.4, Waiver of Partial Account. If a minor is a beneficiary, expect to file actual accounts.
• Status reports. In every estate that stays open more than thirteen months after appointment, the fiduciary and the attorney file a written status report, and then annually (Civ.R. 73.28(C)).

Courts enforce these deadlines through citations, which are orders to appear and explain a missed filing, and they can reduce fees for delays (Civ.R. 73.28(A)). Montgomery County's checklist says extension requests must be filed before the end of the month in which the filing is due to avoid a citation, that the court generally grants up to three reasonable extensions, and that it will not extend the time for a first account.

What an account looks like

The statewide forms are Form 13.0, Fiduciary's Account, with Form 13.1, Receipts and Disbursements, and Form 13.2, Assets Remaining in Fiduciary's Hands. Each account lists every receipt and every payment and the assets on hand at the end of the period (R.C. 2109.301(A)). Proof of each payment, called vouchers, must be referenced in the account (Civ.R. 73.15(A)). If little money moved through the estate, the account can be short. Keep every bank statement and receipt from the day you open the estate account. The self-help checklist lists these recurring deadlines in one place.

Creditor claims

Most creditor claims must be presented within six months after the death (R.C. 2117.06(B)). By the time a wrongful death case resolves, that period has usually passed. Any claims that were presented must be paid, settled or rejected before the estate closes. Ask your lawyer about any claim you received.

Closing after a settlement

Once the probate court approves the settlement and the money is paid out, the representative files Form 14.3, Report of Distribution of Wrongful Death and Survival Claims, as described in Approving a Wrongful Death Settlement. Form 14.3 asks the fiduciary to state whether any assets remain in the estate. The entry on that form allows the court to approve the report and, if there are no further assets to administer, discharge the fiduciary and the surety on the bond.

Montgomery County's local rule puts it plainly: if the report of distribution says nothing remains, and the last inventory or account also shows no assets, the court may close the case without requiring a further account and may discharge the fiduciary, though it can still require an account at any time (Mont. Co. P.C.R. 70.1(G)).

If the estate has other property, or if part of the settlement was allocated to the survival claim and paid into the estate, the fiduciary finishes the administration and files a final account (Form 13.0). Before a final account is approved, all court costs must be paid (Civ.R. 73.15(E)). Attorney fees for administering an estate are generally not paid until the final account is prepared for filing, unless the court approves earlier payment (Civ.R. 73.21(B)).

Certificate of termination

In an estate where the executor or administrator is also the only heir or beneficiary, Ohio allows a shorter closing document called a certificate of termination instead of a final account (R.C. 2109.301(B)(2); Form 13.6, Certificate of Termination). The certificate confirms that debts and claims are paid, any estate tax return was filed, attorney and fiduciary fees were waived or paid, and the remaining assets were distributed. Most wrongful death estates have more than one beneficiary, so this option fits only some families.

After the estate closes

If something turns up later, such as a refund or an asset no one knew about, the estate can be reopened. Montgomery County posts a checklist titled "Reopen an Estate/Report of Newly Discovered Assets" on its forms page. Keep your estate records after the case closes.

Common questions