In re Estate of Jenkins

Citations

• 2019 Ohio 2112

Syllabus

Probate administrator of the estate appointment preferred class suitable person R.C. 2113.05 and 2113.06 abuse of discretion no transcript presume regularity inventory and appraisal R.C. 2115.02 exceptions magistrate's decision objections Civ.R. 53(D)(3) final account R.C. 2109.301. The trial court did not abuse its discretion in appointing a non-heir as administrator of the estate. In the absence of a transcript of the lower court proceedings, we presume the trial court considered and rejected the preferred family members and found a non-family member more suitable as an administrator of the estate. There is no basis upon which the reviewing court can discern the alleged errors in the trial court's decision. Likewise, in the absence of a transcript, neither the trial court nor the reviewing court could find evidence supporting the appellant's allegations of error regarding the trial court's approval of the inventory and appraisal as well as the final account.