Explore the Different types of Probate & Guardianship
Probate is the formal court process that manages the estate of an individual who has passed away, ensuring that outstanding debts are settled and assets are properly distributed according to their wishes or the law. In addition to overseeing estate administration, this court also addresses guardianship and conservatorship issues, trust disputes, power of attorney matters, mental health emergencies, and other related legal concerns.
Probate Administration refers to the detailed legal process of managing and settling a deceased person's estate through the probate court system. This process includes collecting and taking inventory of the decedent’s assets, paying outstanding debts and taxes, and ultimately distributing the remaining assets to the rightful heirs or beneficiaries according to the will or state law.
Heirship refers to the process of identifying the legal heirs who are entitled to inherit property and assets according to the specific laws of the state. This determination is essential in ensuring that the rightful beneficiaries receive their inheritances in accordance with state statutes.
Guardianship is a formal legal relationship in which a court appoints a guardian to make important decisions on behalf of a ward, who is often a minor child or an adult unable to care for themselves due to physical or mental limitations. The appointed guardian is responsible for managing the ward’s personal care, medical needs, and financial affairs to ensure their well-being and protection.