DISINTERMENT
LEGAL PRACTICE IN THE PROBATE COURT
Legal practice in the Probate Court is restricted by law to attorneys who are licensed by the Supreme Court of Ohio. If an individual wishes to handle his or her own case, he or she may do so; however, they may not represent others. Due to the complexity of the law and the desire to avoid costly errors, most individuals who have filings before the Court are represented by an attorney. Deputy clerks are prevented by law from practicing law and, therefore, are not permitted to give advice.
The law doesn’t favor Disinterment, based on public policy that the sanctity of the grave should be maintained. However, there may be circumstances in which unearthing a body may be appropriate. The disturbance or removal of a body that has been buried falls under the jurisdiction and approval of the Probate Court in the county in which the decedent is buried.
WHAT TO DO?
The following forms are required to make an Application for Disinterment in Sandusky County:
- 25.0 Application for Order to Disinter Remains
- 1.0 Surviving Spouse, Children, Next of Kin (found under Estate Forms)
- 25.5 Waiver of Notice of Application to Disinter Remains
- 25.6 Order to Disinter Remains
Once these forms are filed the Court will decide if a hearing is necessary. If a disagreement occurs, or consent hasn’t been received by all parties a hearing will be set and the following forms must be filed with the Court:
- 25.3 Affidavit of Service of Notice of Hearing on Application for Disinterment
If the Disinterment is approved the following form is required after the body has been reinterred:
- 25.4 Verification of Re-interment
The Supreme Court of Ohio has developed Standard Probate Forms to assist in filing a DISINTERMENT. If you would like to use their forms SEARCH HERE.
