Estate Law Questions? Ask an Estate Lawyer.
Do I have to have the exceptions to the inventory document I made notarized before filing it in probate court? If so can someone at the court just notarize it?
This is what the law says about filing exceptions:
ORC 2115.16 Hearing on inventory.
Exceptions to the inventory or to the allowance for support provided by section 2106.13 of the Revised Code may be filed at any time prior to five days before the date set for the hearing or the date to which the hearing has been continued by any person interested in the estate or in any of the property included in the inventory, but the time limit for the filing of exceptions shall not apply in case of fraud or concealment of assets. When exceptions are filed, notice of them and the time of the hearing on them shall be given to the executor or administrator and the attorney of the executor or administrator by certified mail or by personal service, unless the notice is waived. At the hearing, the executor or administrator and any witness may be examined under oath. The court shall enter its finding on the journal and tax the costs as may be equitable.
So there is no stated requirement for exceptions to be notarized before filing. I always suggest that you do so even if it is not mandatory simply because it makes for a more formal document. And yes, there are usually several clerks that are notaries at the courthouse
No, the court sets the date, no later than one month after the day the inventory was filed, for the hearing.
If the court set a hearing date that you couldn't attend, you could file a motion to have it moved, and as long as it was within that month, it is likely the judge would agree.