When most people think of probate court, they think about the probate of the estates of decedents. Probate court does include that and more. The court handles the probate of estates; the supervision of trusts; establishment and supervision of guardianships and conservatorships; and commitment of the mentally ill.
The probate of estates and the supervision of trusts is a primary task for the probate court. When someone dies and is either a resident of that state or owns property in that state and is not a resident, the probate court must probate the decedent’s estate. This means that the court must appoint a personal representative for the estate and admit the will of the decedent, if any. The personal representative must then gather the assets, pay the bills and distribute the estate to the parties entitled to it either as beneficiaries under the will or heirs if there is no will. When the probate court supervises a trust, it makes sure that the terms of the trust are carried out. It also decides any disputes concerning the trust.
The probate court has exclusive jurisdiction over guardianships and conservatorships. The probate court may appoint a guardian or conservator of a minor or a guardian or conservator of an adult.
As experienced Probate Law Attorneys, we assist families in the filing and probate administration of estates for their loved ones who have died; the filing of Petitions for Guardianship and Conservatorship together with the court hearings that are necessary; and litigation concerning Wills and Trusts when there are disagreements concerning the provisions of those documents. Please fell free to Contact Us to speak with an Attorney and get answers to your questions.