Probate means the process of proving a will in legal proceedings. Probate cases also regularly deal with determining the guardianship
of an incapacitated person whose estate is then controlled by another party, much the same as an executor controls the estate
of a deceased person.
The following are the four different types of probate cases:
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Estate cases involve the distribution of the property of a person after death. The estate will be divided according to the decedent’s
will, if one is found; or by the laws which cover heirship (who is an heir by relationship to the deceased), if no will exists. |
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Guardianship and conservatorship cases relate to the appointment of an individual to manage another person’s assets (property) and/or person (residence and
care). This is often due to the incapacity of a person because of old age or mental handicap or if the person is a minor with
assets that require management. A guardian manages a ward’s needs and a conservator manages a conservatee’s needs. |
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Commitment cases involve the court deciding whether or not an individuals is mentally ill, mentally retarded, a psychopathic person,
or have another mental health problem that requires treatment. The court orders the patient to treatment at a state facility
if the court finds the person in need of such care and the person is not obtaining it. |
A petition is filed with the court to open the case. A claimant files a claim with the executor or administrator of the estate.
The executor can allow or reject all or part of the claim amount. If any part of the claim is approved, the executor of the
estate files the claim with the clerk. The claim then goes before the court. During a hearing, the claim is either approved
or disapproved. The court can change the amount allowed by the executor. At this time, the court classifies any approved amounts.
The clerk is responsible for maintaining a log of all the claims filed in a probate case, as well as their status with the
court.