Ingrid Michelle Warren

Democrat For Judge, Probate Court No. 2

What is Probate?

What is Probate

The word probate derives directly from the Latin word probo, probare meaning to prove. In our legal system, probating a will is the first step in our legal process for administering the estate of a deceased person. The will is not a legally enforceable document until approved by a probate court judge.

Matters Involving Assets and Debts of the Deceased

Probate courts handle matters impacting real estate and personal property owned by the deceased. The most common probate proceedings include:

  1. The probate of a will;
  2. Requests for letters testamentary and administration;
  3. Determining the heirs of a deceased person either when no will exists or when the will fails to identify the person(s) entitled to inherit;
  4. Claims for money owed by or to a deceased person.

Matters Involving Incapacitated Persons

The probate courts also preside over cases involving the determination of a person’s capacity to handle their own affairs and the qualification of an individual to serve as guardian of an incapacitated person. The court retains the authority to hear and resolve matters throughout the life of the guardianship.