What kind of cases does probate court handle?

What Is Probate Court?

• Probate court handles legal matters like estates, guardianships, and wills.
• Probate lawyers are often hired to manage and navigate probate courts.
• In many cases, probate court cases can proceed with or without a will in hand.

What is an example of a probate case?

A granddaughter of the deceased brought an action seeking revocation of the Grant of Probate and asked the Court to find that a will made 2 years before the testator died was invalid. The will bequeathed the entire estate to a neighbour who had become a family friend and who had also become a carer for the deceased in her latter years.

Is it possible to rush through the probate process?

Grief tends to linger near the surface when you’re the one in charge of a recently-deceased family member’s estate through the lengthy probate process. While this may tempt you to rush through the probate timeline, doing so is impractical and often impossible.

Are there any probate cases currently being settled?

We are currently acting in a significant number of contested probate cases. Set out below are cases we have recently settled. Recently acted for two children for a claim for maintenance under the Inheritance Act. Given the Childrens age they where represented by the Deceased’s former Wife and Mother of the children.

Are there any contentious probate and trust cases?

Contentious probate and trust cases are always in the news and the more sensational cases are increasingly finding themselves in the mainstream news especially when they are salacious. Here is a summary of some recent Contentious Probate and Trust cases from the last couple of months.

Who is the estate representative in a probate case?

If the case has to go through a formal probate court case, then the court appoints an administrator to be the estate representative. If someone dies without a will, the law gives a priority list for who should be the administrator. You can find the full list in Probate Code §8461.

Why does an estate have to go through probate?

The executor or representative may need to explain why the estate must go through probate. For instance, it may be due to the size of the estate or type of assets. The court will determine whether to appoint the personal representative. In most cases, it will approve whoever is named in the will.

Grief tends to linger near the surface when you’re the one in charge of a recently-deceased family member’s estate through the lengthy probate process. While this may tempt you to rush through the probate timeline, doing so is impractical and often impossible.

Can a property be probated in more than one county?

(Every probate court has its own rules about the documents it requires.) If the deceased person owned real estate in more than one county in the same state, you can handle it all in one probate. There’s no need to conduct a separate probate proceeding in the other county.