“Probate” refers to the procedures involved in administering “probate assets” through the probate court system. Ohio (like most other states) has a separate division in its court system known as probate court. Although the probate court handles various matters, as it relates to the clients anxiety over the probate system, it revolves around the fact that the probate court is primarily designed to protect three classifications of persons...
Probate is designed to protect various individuals.
(1) the creditors of an individual to ensure that they are paid from an individual’s assets at the time of death prior to distribution of the assets to the heirs
(2) the heirs of the deceased individual to ensure that they receive what they are entitled to receive pursuant to either the Last Will and Testament of the decedent or the laws of Descent and Distribution
(3) those individuals who are unable to manage their own business affairs as a result of a legal disability (being under the age of 18) or a physical or mental disability which renders them unable to handle their business affairs.