Probate Court

Probate court is a division of Circuit Court. It deals with the matters relating to wills, administration of estates, guardianships, conservators, mental health processes and inheritance.  Besides this, the court has authority over actions regarding the issuance of marriage licenses and involuntary commitments. The court has legal jurisdiction to take decisions about the life and property of conservatee. Usually, most of the cases are handled without a jury trial, however, it has jurisdiction to conduct a jury trial.   

The probate court may comprise of one or more separate departments or courtrooms to handle only probate cases in larger counties. However, the ultimate objective of probate court is to serve the people. Any one can take the advantage of the services offered by the court. 

Actually, the term “probate” refers to the transition of assets to the heirs after the demise of testator. Generally, time taken to probate an estate by a regular court is eight months at minimum, as during this time estate remains open for creditor’s claim. So, it is recommended that one should allow at least one year in a case of non-taxable and uncontested estate to close. 

A personal representative is appointed by the probate court in the absence of a will to collect, protect and administrator of the estate. The functions of the representative include giving notice to interested parties, filing an estate inventory, paying off required claims and costs. It is also the onus of the representative to see that the proper people get their entitled share.

Probate court helps in establishing a guardianship. The appointment of a guardian or conservator for a minor or an incapacitated person is counted among the most important as well as difficult cases. If someone is unable to manage their money or make decisions about personal or medical care, in that situation, the probate court can appoint a guardian for them. However, in a case of minor, a guardian is appointed only when the minor has share in the property from insurance or inheritance. For the proceeding of the case, one needs to have Last Will and Testament, Durable Power of Attorney, Health Care Power of Attorney. But estate-planning documents vary from state to state. So, one must confirm it from a lawyer.

Another important thing is that one cannot file a will in the probate court till the person who made the will is not dead. Also, life insurance policies, which are payable to recipient are required to be reported in the inventory and Appraisement, are not included in the filing fees. It is important that the transition of that asset be dealt with by recipient of the policy and the company or agency providing the benefit.

In overall, the probate courts are established with the motive to ease the problems of people most prominently regarding estate and various others also.