Estate Planning, Trust and Probate Law Board Certification in Ohio

The Ohio State Bar Association (OSBA) offers board certification in Estate Planning, Trust, and Probate Law to attorneys who demonstrate substantial involvement and expertise in this specialized field. The certification process is rigorous and designed to ensure that certified attorneys possess a high level of skill and professionalism. Below are the key requirements for obtaining board certification in this area.

Substantial Involvement

• Experience: Applicants must show substantial involvement in Estate Planning, Trust, and Probate Law over the five years immediately preceding their application. This includes handling a minimum of 520 hours per year in relevant cases, with a lifetime minimum of 5,000 hours in the specialty area. This involvement must include a variety of tasks such as drafting wills, trusts, and other estate planning documents; administering estates and trusts; and representing clients in related legal matters.

Peer Review and Recommendations

• References: Applicants must provide the names of seven references who can attest to their competence in the field. These references must not be related to or professionally associated with the applicant. The OSBA will contact these references to complete recommendation forms, and at least five forms must be returned for the application to be considered complete.

Written Examination

• Exam Requirements: Applicants must pass a written examination that tests their knowledge and skills in substantive and procedural law relevant to Estate Planning, Trust, and Probate Law. The exam also includes questions on professional responsibility and ethics specific to this area of law.

Certificates of Good Standing and Liability Coverage

• Good Standing: Applicants must provide proof that they are in good standing with the Ohio Supreme Court, free of any disciplinary actions that would question their fitness to practice law.
• Liability Insurance: Applicants must maintain professional liability insurance with a minimum coverage of $500,000 per loss. This ensures that they are prepared to handle any potential liabilities arising from their practice.

Continuing Legal Education (CLE)

• CLE Requirements: Applicants must complete 45 hours of CLE in Estate Planning, Trust, and Probate Law within the three years preceding their application. These courses must be intermediate to advanced in nature to ensure ongoing professional development.

These requirements ensure that only attorneys with significant experience and expertise in Estate Planning, Trust, and Probate Law receive board certification, thereby maintaining high standards in the legal profession.

The Ohio State Bar Association (OSBA) provides a detailed and rigorous process for attorneys seeking certification in Estate Planning, Trust, and Probate Law. The process ensures that applicants meet high standards of experience, knowledge, and ethical practice.

Steps in the Application Process

1. Application Form Completion:

   • Submission: The first step in the application process involves completing a detailed application form. This form requires applicants to provide comprehensive information about their professional background, including their experience in Estate Planning, Trust, and Probate Law over the past five years. The application form also requires disclosure of the number of hours dedicated to this specialty, ensuring that the applicant meets the minimum requirement of 520 hours per year.

2. Peer Review and Recommendations:

   • Reference Submission: As part of the application, attorneys must submit the names of seven references who can attest to their competence in the field. These references must be independent, meaning they cannot be related to or professionally associated with the applicant (e.g., partners or colleagues).
   • Recommendation Forms: The OSBA will send recommendation forms to these references. At least five completed forms must be returned to the OSBA for the application to be considered complete. The feedback provided by these references plays a crucial role in assessing the applicant’s qualifications.

3. Written Examination:

   • Exam Content: Applicants are required to pass a written examination designed to test their knowledge and skills in the area of Estate Planning, Trust, and Probate Law. The examination covers various topics, including estate planning strategies, trust and estate administration, relevant tax laws, and professional responsibility and ethics.
   • Administration: The exam is prepared and graded under the authority of an independent testing service, ensuring objectivity and fairness. The exam is designed to evaluate both the substantive and procedural knowledge of the applicants, with a focus on practical application in real-world scenarios.

4. Good Standing and Liability Insurance:

   • Proof of Good Standing: Applicants must provide a certificate of good standing from the Ohio Supreme Court, demonstrating that they are free of any disciplinary actions that would question their fitness to practice law.
   • Liability Insurance Requirement: Applicants are required to maintain professional liability insurance with a minimum coverage of $500,000 per loss. This insurance provides a safety net, ensuring that applicants can handle any professional liabilities that may arise.

5. Disclosure of Disciplinary Actions:

   • Required Disclosures: Applicants must disclose any past or pending disciplinary actions, malpractice complaints, or felony convictions. Failure to disclose such information may result in rejection of the application or decertification if discovered after certification.

6. Continuing Legal Education (CLE):

   • CLE Requirement: Applicants must complete 45 hours of continuing legal education (CLE) in Estate Planning, Trust, and Probate Law within the three years preceding the application. These courses must be of intermediate or advanced level to ensure that the applicant is up-to-date with the latest developments in the field.

Submission and Review

• Submission of Materials: Once all components of the application are completed, the applicant submits the materials to the OSBA. The Specialty Board, responsible for overseeing the certification process, reviews the application, peer references, exam results, and other relevant documentation.

• Approval: If the Specialty Board finds that the applicant has met all the necessary requirements, they will recommend certification. The certification will be effective on January 1st following the Specialty Board’s decision.

This comprehensive application process ensures that only highly qualified attorneys are certified as specialists in Estate Planning, Trust, and Probate Law, thereby maintaining high standards within the profession.

The Ohio State Bar Association (OSBA) has established specific annual duties and recertification requirements for attorneys who are certified as specialists in Estate Planning, Trust, and Probate Law. These requirements are in place to ensure that certified attorneys maintain their expertise and stay up-to-date with developments in their field.

Annual Reporting Duties

1. Annual Report Submission:

   • Affidavit or Reporting Form: Each year, certified attorneys must submit an affidavit or a reporting form to the OSBA. This form confirms that there have been no material changes in the information provided in their initial certification application or the last annual report. If there have been any changes, they must be detailed on the form.
   • Deadline: The annual report must be submitted between October 1 and December 1 each year. This ensures that all certified specialists remain compliant with the ongoing requirements of their certification.

2. Continuing Legal Education (CLE):

   • CLE Requirements: Certified attorneys are required to complete 12 hours of continuing legal education (CLE) in Estate Planning, Trust, and Probate Law every two years. The CLE courses must be of intermediate or advanced level, specifically relevant to their area of specialization.
   • Proof of CLE: Attorneys must provide proof of the completed CLE hours, which may include attaching transcripts or certificates of attendance for courses not listed on the OSBA transcript.

3. Annual Fee Payment:

   • Fee Submission: Along with the annual report, certified attorneys must pay an annual fee as established by the OSBA fee schedule. This fee is necessary to maintain the attorney's certification status.
   • Consequences of Non-Compliance: Failure to submit the annual report or pay the required fee by the deadline may result in decertification.

Recertification Process

1. Certification Period:

   • Duration: The certification is valid for a period of six years. Certified attorneys must apply for recertification in the calendar year preceding the expiration of their certification.

2. Recertification Application:

   • Application Submission: Attorneys must complete a recertification application form that includes updated information about their practice in Estate Planning, Trust, and Probate Law. This form must be submitted to the OSBA between October 1 and December 1 of the year preceding the expiration of their certification.
   • Review Process: The OSBA Specialty Board reviews the recertification application to ensure that the attorney continues to meet the certification standards.

3. Criteria for Recertification:

   • Continued Involvement: Attorneys must demonstrate that they have maintained substantial involvement in the field, similar to the requirements for initial certification. This excludes the need to retake the written examination.
   • CLE Compliance: Attorneys must provide evidence of completing the required CLE hours every two years during the certification period.
   • Good Standing: Attorneys must continue to be in good standing with the Ohio Supreme Court and maintain professional liability insurance coverage.

4. Exemptions:

   • Illness or Disability: In cases of severe, prolonged illness or disability that prevents participation in CLE programs or meeting other recertification requirements, attorneys may apply for an exemption. They must provide evidence of the hardship and its impact on their ability to meet these requirements.

Decertification

1. Material Changes:

   • Review of Changes: The Specialty Board may decertify an attorney if material changes reported in the annual affidavit or discovered through other means indicate that the attorney no longer meets the certification standards.
   • Appeal Process: Attorneys who are decertified can request reconsideration and, if denied, appeal the decision to an Independent Review Panel.

2. Immediate Decertification:

   • License Revocation: If an attorney’s license to practice law in Ohio is revoked or suspended, their certification is automatically revoked. Upon reinstatement of their license, the attorney may reapply for certification.

These annual duties and recertification requirements ensure that certified specialists in Estate Planning, Trust, and Probate Law continue to uphold the highest standards of legal practice and remain current in their field. For more detailed information, please refer to the OSBA standards document​.