Probate

Probating Estates 

  • Probate is the court-supervised process for identifying and gathering the decedent's assets; paying taxes, debts, and expenses; and distributing the balance to beneficiaries.  

  • Probate deals with transferring the property of someone who has died to the heirs or beneficiaries, deciding if their will is valid, and closing out any of their remaining financial responsibilities.  

  • A person dies either “testate”, meaning they left a will or “intestate”, meaning the decedent left no will. 

Conservatorships 

  • A Conservatorship is a court proceeding in which a Judge appoints a family member, friend or other responsible person to care for another adult  who cannot care for themselves and/or their finances. 

Guardianships 

  • Guardianship is a court proceeding in which a Judge gives someone who is not the parent: 

    • Custody of a child under the age of 18. This type of Guardianship is called “Guardianship of the Person,” or

    • Power to manage the child’s income, money, or other property until the child turns 18. This type of Guardianship is called “Guardianship of the Estate”.