As it relates to the Probate Court, this is an action by which a creditor holding a judgment seeks to subject an interest of a judgment debtor to the payment of the creditor’s existing judgment.
The essential elements that must be shown are that the creditor has a valid judgment against the judgment debtor (typically the heir or a beneficiary), (2) a distribution is due or is to become due the judgment debtor, and (3) the judgment debtor does not have sufficient assets to satisfy the judgment. RC 2333.01
Before a distribution is made, the only way for a creditor to reach an heir’s or beneificary’s interest is through a creditor’s bill. After the fiduciary has made the distribution, the distribution is in the hands of the heir and is subject to garnishment.
As a stranger to the probate estate proceedings, the only way the judgment creditor can participate in them is to file a Motion to Intervene under Civ.R. 24, with the proposed Complaint/Creditor’s Bill attached. The Motion and any supporting memorandum should address the essential elements for the creditor’s bill and establish the grounds for the intervention. The Motion should be served as provided in Civ.R. 5.