Duties of the Probate Court
Probate is the formal judicial process for transferring the property of
a person who has died. The property is transferred according to
either:
- lf the person died without a will, the laws of intestate succession
- The deceased will
With efficient planning, a routine uncontested probate can be
opened and closed in 6 to 12 months with a filing fee of $30.
Probate Court Jurisdiction
Probate Court is a court of limited jurisdiction. The Probate Court
only has jurisdiction over informal probates. The constitution
defines the jurisdiction as follows:
- Admission of a Last Will and Testament to informal probate
- lf required, fixing bond according to the formula set out in the
State Probate Code
- lnformal appointment of personal representatives to an
estate
- To enable the personal representative to obtain a discharge
of liens securing his performance
- Upon verified application of a personal representative, signing a certificate that the
personal representative appears to have fully executed an estate
The Probate Court does not have jurisdiction over
- Estates of missing persons
- Formal probate cases, including determination of heirship
- proceedings and construction of wills.
- Guardianship and conservatorships
- Trusts
When to File a Probate Case
A probate case can be filed more than 120 hours after the person
has died but less than 3 years after the person has died. lf no
proceeding concerning the administration of the estate has
occurred within three years after a decedent's death, an informal
proceeding may be commenced at any time thereafter for the sole
purpose of establishing a devise of property and the order of the
court shall be limited to that property.
Personal Representative
The personal representative, commonly known as the executor, is
the person who is legally responsible for administering the estate of
the person who has died. The personal representative has a
fiduciary duty to act in the interests of the deceased person on
behalf of all devisees (persons who inherit under a will) or heirs
(persons who inherit if there is no will), as well as to protect the
interests of all creditors.
Qualifications as a Personal Representative
Anyone over age 18 can qualified as a personal representative.
Close relatives of the deceased person have priority if the personal
representative is not named in the will.
