Probate Courts Handle Numerous Issues
June 28, 2012 By Byrd Garrett PLLC
A good estate plan is, often, one that will avoid any probate court complications, thus saving your estate time and money. While probate courts are often unfairly regarded as needlessly bureaucratic, they also handle numerous important legal issues, not all of which are related to estate planning. Let’s take a look at some of the more important issues that might wind up before a probate court.
Estates
Not only does the probate court determine if a will meets all state legal requirements, but a probate court judge is responsible for hearing any problems that arise out of the estate. For example, if a person dies without leaving behind a will, the court will determine who the rightful inheritors are. It will also hear disputes over the will, or over who should serve as an estate administrator.
Births
Though probate courts most often come into the picture after person dies, they can also hear cases involving a child's birth. If, for example, a birth certificate has incorrect information on it, the probate court can order a new birth certificate with the correct information. The court may also issue name changes that result from adoptions, divorces, marriages, or for any other reason.
Guardians
If an adult suddenly loses capacity or a child's parents die leaving the child without a caregiver, the probate court will determine who should become the new legal guardian. The court will typically hold a hearing and consider evidence in order to determine who would best serve in the guardian role.
ABOUT THE AUTHOR: Geoff Garrett
Experienced estate planning attorneys Seattle WA of the Byrd Garrett PLLC offers estate planning and business planning resources to residents of Seattle WA.
Copyright Byrd Garrett PLLC
More information about Byrd Garrett PLLC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Not only does the probate court determine if a will meets all state legal requirements, but a probate court judge is responsible for hearing any problems that arise out of the estate. For example, if a person dies without leaving behind a will, the court will determine who the rightful inheritors are. It will also hear disputes over the will, or over who should serve as an estate administrator.
Births
Though probate courts most often come into the picture after person dies, they can also hear cases involving a child's birth. If, for example, a birth certificate has incorrect information on it, the probate court can order a new birth certificate with the correct information. The court may also issue name changes that result from adoptions, divorces, marriages, or for any other reason.
Guardians
If an adult suddenly loses capacity or a child's parents die leaving the child without a caregiver, the probate court will determine who should become the new legal guardian. The court will typically hold a hearing and consider evidence in order to determine who would best serve in the guardian role.
ABOUT THE AUTHOR: Geoff Garrett
Experienced estate planning attorneys Seattle WA of the Byrd Garrett PLLC offers estate planning and business planning resources to residents of Seattle WA.
Copyright Byrd Garrett PLLC
More information about Byrd Garrett PLLC
View all articles published by Byrd Garrett PLLC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
