Types of Probate Cases

Probate cases involve making important decisions and often have complex legal issues that are difficult to handle without an attorney.  Because your rights may be substantially affected, we strongly recommend you seek legal assistance from a lawyer who will protect your interests.

General Information on:

• Estates
• Small Estates
• Non-Probated Wills
• Protective Proceedings
• Guardianship - Adult and Minor
• Conservatorship - Adult and Minor
• Trusts

  Frequently Asked Questions (FAQs)

Estates

Probate is the process of proving a will, accounting for a decedent's property, and distributing the property among the decedent's heirs and devisees.  There are several types of estate cases.  It may be necessary to file an estate depending on the circumstances and the assets of the decedent. The court is not able to determine the need to file an estate and does not provide forms for filing.  Click here for the list of filing fees for Probate cases.

Small Estates

A small estate may be filed if not more than $75,000.00 of the fair market value of the estate is attributable to personal property and not more than $200,000.00 of the fair market value is attributable to real property. Click here for the list of filing fees for Small Estate cases.

Non-Probated Wills

The Court will file a non-probated will for safe-keeping.

Protective Proceedings/Hearings/Trials

A person interested in arranging limited control over an event (for example, the sale of property) or asset may file a request for protective proceeding hearing with the Probate Commissioner.  Requests may be made by letter and should set out the estimated time needed for hearings and which Mondays the parties are available for hearings.  Hearings requiring more than 2 hours will be set on the regular trial docket. Click here for the list of filing fees for Protective Proceedings

Guardianship - Adult and Minor

Guardians are persons appointed by the court to promote and protect the health and well-being of a protected person.  A court visitor will be appointed by the court. The court visitor investigates the circumstances of the case. The petitioner will be required to pay the court visitor a set fee for this service. Guardians are required to file an annual report within 30 days of the anniversary of their appointment.  The court provides a report form for guardians of adults and will accept reports from guardians of minors in letter form.  Click here for the list of filing fees for Guardianships.

Conservatorship - Adult and Minor

Conservators are court-appointed persons who administer and protect the estate (assets) of a protected person(a minor or incapacitated person). Unless the assets of the protected person are restricted by court order, the conservator is bonded and must file annual accounts with the court. Click here for the list of filing fees for Conservatorships.

Trusts