Elder Law - Probate

Matters that require "Probate" include:

• Probate of a Will. This means that the Will is accepted by the Court as the last wishes of the decedent.
  
  
• Appoint a Personal Representative for a decedent's estate.
  The Personal Representative is in charge of the administration of the estate.
  
  
• Appoint a guardian or a conservator for the protection of a person's care or estate while incapacitated.
  
  
• Appoint or remove a Trustee and other matters relating to the administration
  of a Trust.
  
  
• Changing one's personal name.
  
  
• Adopt a child.

 

Probate matters are initiated by filing a "Petition" as opposed to a "Complaint" for most other civil matters except for divorce cases where a Petition is also used to commence a case.

With respect to the probate of a Will, the court proceeding can be either "informal" or "formal" probate. These terms are better explained under those tabs respectively.