Probate Courts

Probate court is a branch of the law that covers certain family situations regarding minors, mentally incompetent individuals, and wills and estates.  This branch of the court helps parties make difficult decisions when they’re unable to make them independently.

Wills, Estates and Trusts

The most common things handled by probate court are wills, estates and trusts.  The court can see to it that an individual’s last wishes are fulfilled, can help heirs receive the possessions or assets their family member has left them or oversee contests to wills and estates.  The court also governs executioners and the process of ensuring that the wishes within a last will and testament are fulfilled.

Certain situations where individuals may find themselves in probate court include:

• An individual has passed away, leaving his or her possessions to charity.  His or her children feel that the individual was not of a fit mind when making the decision regarding his or her assets and possessions and want to contest the will.
• An individual wants to legalize his or her last will and testament, and use the probate court to ensure that it is so.
• An individual has passed away without a last will and testament.  His or her children must go to probate court to determine where the assets and property goes.

Minors and Probate Court

Probate court handles certain legal matters concerning minors, such as adoption and guardianship.  The court may determine who has full or temporary custody of a minor, as well as the adoption process where one individual obtains guardianship of a minor.

Mentally Incompetent

Probate court helps sort out issues for individuals who are mentally incompetent.  This might include committing someone who is unable to take care of himself or herself, or determining whether an individual is competent enough to create a will regarding their possessions.

Getting Legal Help with Probate Issues

There are some situations in which individuals may need a simple question answered about probate law, and other situations where individuals will need serious legal help regarding a difficult probate issue.  In either case, a great probate attorney can help. Probate attorneys work daily with probate laws and understand the intricacies, updates and statues within the law.  Having a probate attorney one can call for legal help is important and a wise idea.

Even the simplest probate issues can be very sensitive for the family involved.  Most individuals within the probate court understand this and work to provide the best solution for all parties involved.