Probate court primarily handles matters such as wills, estates, conservatorships and guardianships, as well as the commitment of mentally ill persons to institutions designed to help them. In addition, the court may also deal with similar situations involving minors.
Probate is the court process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under a will. A probate matter interprets the instructions of the deceased, decides the executor as the personal representative of the estate and adjudicates the interests of heirs and other parties who may have claims against the estate.
If a judge finds a person incompetent due to physical or mental limitations or age, a conservatorship may be established. The person who is incompetent is the “conservatee.” The person who manages the conservatee’s affairs is the “conservator.” A conservator may manage the property, living arrangements, health care, daily activities, and financial affairs of the conservatee.
A probate guardianship is a court proceeding in which a judge gives custody of a child under the age of 18, or the child’s property, or both, to someone who is not the parent. The proceeding giving custody of a child to a non-parent caregiver is called a “Guardianship of the Person” and the proceeding giving the power to manage a child’s property is called a “Guardianship of the Estate.”
Probate FAQs & How-to
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A probate decedent's estate matter involves the transfer of property that belonged to someone who has died.
A probate trust matter involves the administration of the legal entities that hold property for another.
The clerk shall release a copy of a will for attachment to a petition for probate of the will. Upon receipt of a court order for production of the will or with a certified copy of a death certificate of the decedent along with the required fee, the clerk shall also release a copy.