Probate Division
Due to the renovation project at the Morrow County Courthouse, many older probate records are now being housed outside of the Courthouse. If you are interested in accessing these records, it will be necessary for you to speak with the probate clerk and schedule a time for the review of the records. Please allow enough time for the probate clerk to retrieve the necessary records. We apologize for any inconvenience this may cause.
The Probate Division is primarily concerned with the proper distribution of the assets of a decedent. Probate Courts exist to determine the validity of wills, enforce the provisions of valid wills, prevent malfeasance by executors and administrators of estates, and to provide for an equitable distribution of the assets of persons who die intestate (without a valid will). Probate Courts may also deal with conservatorships, guardianship, name changes, and adoptions.
A conservatorship is the legal process in which an adult is appointed by the Court to make financial decisions for another person who is determined to be incapable to make these decisions. A Conservator may be appointed when it is determined that the protected person has money or property that requires management or protection. A conservatorship proceeding is a different legal proceeding than guardianship; it may be independent from a guardianship proceeding, or in conjunction with it.
A guardianship is a legal process in which an adult is appointed by the court to make decisions concerning another person's residence, health, and general care and well-being. The Court must determine that the protected person is legally incapacitated. The Guardian must act to maximize the protected person's independence and self-reliance. States have varying rules and proceedings around guardianship.