What is a Probate Court?
In many states, the probate court serves several functions. The most common is administration of the estates of persons who die, called a probate proceeding. However, the probate court also handles guardianships and conservatorships. Thus, the same court may decide to appoint a conservator for an incapacitated person, and then may administer that person's estate several years later, after death.
Other Probate FAQs
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How can a Probate Attorney Help Me?
A: Whether or not the estate needs to be administed in a probate proceeding, a probate attorney can help in many ways. For one thing, the probate attorney can help you … More -
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What is a Probate Proceeding?
A: In a probate proceeding, the court oversees the process of identifying the deceased person's property, paying any debts, identifying the proper heirs, and … More -
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When is Probate Necessary?
A: When a person dies, their "non-probate" assets will automatically pass by law to designated beneficiaries without court supervision or intervention. … More -
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How are Probate Assets Distributed in a Probate Proceeding?
A: After the court determines which assets are non-probate assets, (depending on state laws) the estate is typically administered in one of three ways: •By … More -
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Who is in Charge of Administering the Estate?
A: The personal representative (a person, bank or trust company) appointed to represent the person of the decedent is in charge of administering the estate. The personal … More -
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What does the Personal Representative Do?
A: Pursuant to state law, the personal representative performs the following duties when administering the estate: •Identify, gather, value and safeguard probate … More -
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Who (or What) can be a Personal Representative?
A: It depends on your state laws. However, the following are general guidelines. The personal representative: •Could be an individual, bank, or trust company, … More -
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How are Personal Representatives Selected by the Court?
A: If the decedent left a valid will, the designated personal representative nominated in the will has preference to serve, and will generally be selected by the court … More -
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Does the Personal Representative Need an Attorney?
A: In almost all instances the personal representative must be represented by an attorney licensed in the state in which the probate proceeding is taking place. Many … More -
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What Documents Does a Personal Representative Need to Start Probate?
A: The following are documents the personal representative needs in order to start probating the estate. This list is not all inclusive, and may or may not include what … More
