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.

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