Last updated: 11/22/2021
Application To Distribute In Kind
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Description
Probate Court of Cuyahoga County, Ohio John J. Donnelly, Presiding Judge John E. Corrigan, Judge ESTATE OF __________________________________________________________, DECEASEDCASE NUMBER: ______________________________________ APPLICATION TO DISTRIBUTE IN KIND [R.C. 2113.55] The fiduciary asks the Court to authorize distribution in kind, according to the within schedule, of personal property in the estate whichis not specifically bequeathed and is available for distribution. [ Check one of the following] - 9 Decedents known debts have been paid or secured to be paid. 9 Sufficient assets are in hand topay decedents known debts. [Check whichever of the following paragraphs are applicable]: 9 All interested persons whose interests may be affected by the distrib ution have consented to the distribution as proposed in the withinschedule. 9 All interested persons whose interests may be affected by the distribu tion have not consented to the distribution as proposed in thewithin schedule. The fiduciary will give notice as required by law to all in terested persons who have not consented and who are listed onthe notice of hearing accompanying this application. 9 The distribution is to satisfy part or all of the allowance for support due decedents [check applicable boxes] - 9 surviving spouse-9 minor children. 9 The distribution is with the consent of the surviving spouse, and is to satisfy part or all of the specific monetary share due the survivingspouse under the Statute of Descent and Distribution [if this paragraph is checked, the following must be completed and the survivingspouse must sign the consent form]: Specific monetary share due surviving spouse $__________________ Less: Value of property to be distributed hereunder to surviving spouse $________________ Probate assets previously received by surviving spouse in excess of the allowance for support $_________________ Balance of specific monetary share remaining $__________________ Attorney _________________________________ _________________________________________ Fiduciary Address _________________________________ ________________________________________ Phone ___________________________________ REGISTRATION NUMBER ________________________ FORM 10.0 - APPLICATION TO DISTRIBUTE IN KIND 10/01/98 American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 2 CONSENT TO DISTRIBUTION IN KIND The undersigned, being the decedents surviving spouse or other interested persons, hereby consent to the distribution as descri bedherein. ___________________________________________ ________________________________________Surviving Spouse ___________________________________________ ___________________________________________________________________________________ ________________________________________ SCHEDULE OF PROPERTY TO BE DISTRIBUTED IN KIND ________________________________________________________________________ _____________________________ Name of Distributee Items to be Distributed Appraised Value ________________________________________________________________________ _____________________________ $ ________________________________________________________________________ _____________________________ ________________________________________________________________________ _____________________________ ________________________________________________________________________ _____________________________ ________________________________________________________________________ _____________________________ JUDGEMENT ENTRY [Check the applicable boxes] Q The Court finds that the distribution in kind as set forth herein is not prohibited by law and will be in the best interests of t he estate, and that all interested persons have consented to the proposed distribution. It is ordered that the fiduciary is authorized to distribute the personal property in accordance with the within applic ation. Q The Court finds that all interested persons have not consented, and it is therefore ordered that the Application to Distribute in Kind is scheduled for hearing before the Court located at _____________________ _ Court House, 1 Lakeside Avenue, Cleveland, OH 44113 on _______________ at ______________________ oclock ____ _______ . M. , and that the fiduciary shall serve a copy of the application and notice of the hearing as required by law, upon all interested persons who have not consented. Q The Court further finds and orders: ____________________________________ ______________________________ ________________________________________________________________________ ___________________________ __________________________________________________ ______________________________________Date Probate Judge American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 3 Probate Court of Cuyahoga County, Ohio John J. Donnelly, Presiding Judge John E. Corrigan, Judge ESTATE OF _____________________________________________________, DECEASED CASE NUMBER: ______________________________________ ENTRY APPROVING DISTRIBUTION IN KIND [Check the applicable boxes] 9 Decedents known debts have been paid or secured to be paid. 9 Decedents known debts have been paid or secured to be paid. 9 Decedents known debts have been paid or secured to be paid. _______________________________________ __________________________________________Date Probate Judge FORM 10.1 - ENTRY APPROVING DISTRIBUTION IN KIND 10/01/98 American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 4 Probate Court of Cuyahoga County, Ohio John J. Donnelly, Presiding Judge John E. Corrigan, Judge ESTATE OF __________________________________________________________, DECEASED CASE NUMBER:______________________________________ NOTICE OF HEARING ON APPLICATION TO DISTRIBUTE IN KIND To the following persons: _____________________________________ _________________________________________________ Name Address _____________________________________ _________________________________________ ________________________________________________ Name Address _____________________________________ _____________________________________ ________________________________________________ Name Address _____________________________________ _________________________________________ ___________________________________________ Name Address _____________________________________ An application has been filed in this Court asking for authority to dist ribute certain property of decedent