Ohio Revised Code §2125.02 now contains a procedure to determine who qualifies as “an interested person entitled to notice pursuant to Rule 70 of the Rules of Superintendence of the Courts of Ohio” with respect to wrongful death and survival claims. A surviving spouse, child or parent of the decedent is an interested party pursuant to law.
For dates of death of a decedent occurring on or after April 4, 2023, if a wrongful death application is filed prior to or on the date that is two years after the date of death of the decedent, all other next of kin are interested parties.
If an application is filed more than two years after the date of death of the decedent, no other next of kin are interested parties unless they file a written notice of claim in probate court prior to the date that is two years after the date of death of the decedent.
“Other next of kin” is defined at R.C. §2125.02(I)(7) as “the nearest surviving relatives of the decedent after accounting for the parents, children, or spouse.”
The Court plans to adopt new Probate Local Rule 70.2 that outlines the process for filing notice of wrongful death claims by “other next of kin” on August 4, 2023. The proposed Rule (Proposed Clermont County Probate Court Local Rule 70.2 ) along with two new forms (Form. 14.6 Verification of Fiduciary Search for Notice of Claims and Form 14.5 Notice of Wrongful Death Claim by Other Next of Kin) will be available on the Probate Court website once the Rule is adopted. Please review the Rule and forms and email gbryant@clermontcountyohio.gov if there are any questions or proposed edits.
Thanks for your consideration.
J. Shriver
Clermont County Probate/Juvenile Court Judge