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What is Probation Court?

Author: Kevin Jones

Author: Kevin Jones

Probate courts administer proper distribution of the assets of a decedent (one who has died), adjudicates the validity of wills, enforces the provisions of a valid will (by issuing the grant of probate), prevents malfeasance by executors and administrators of estates, and provides for the equitable distribution of the assets of persons who die intestate (without a valid will), such as by granting a grant of administration giving judicial approval to the personal representative to administer matters of the estate). A probate court is part of a unified court system in the United States that is charged with handling cases involving estates, wills, trusts, guardianships, conservator ships and other matters. Probate courts are also vested with the authority to establish guardianships and conservator ships. A guardianship is designed to ensure that the personal interests of an individual with a physical or mental disability are protected. A conservator ship is established to protect the financial interests of an individual incapable or unable for some reason to deal with these types of affairs.

The probate court is also responsible for overseeing guardianships and conservator ships as long as they are in force and effect. The responsibilities of the Juvenile Court include hearing all Department of Human Services cases regarding dependent, neglected and abused children, all juvenile traffic cases, delinquency and unruly offenses and adult contributing cases. The Court has jurisdiction over parentage cases, along with custody, visitation and support. Probate court records contain much more than just a list of assets. Probate court records can also show collection debts that were owed to the person that died, or money that the deceased person owed to debtors. Probate court records can show that titles on the land the deceased person owned have been cleared and which banks or loan companies held the titles or processed the loans on properties owned by the person that died. The court also orders foster care for institutional commitment of juveniles and neglected children, through the Family Independence Agency. In addition, the Probate Judge will be assigned divorce, custody and paternity cases which overlap with the traditional juvenile caseload, to assure that one judge handles all family issues for one family. The Probate Court estates division will continue to handle the estates of deceased persons, guardianships and conservator ships for legally incapacitated persons, and mental illness cases. Probate is not always necessary. If the deceased person owned bank accounts or property with another person, the surviving co-owner often will then own that property automatically. If a person dies leaving very few assets, such as personal belongings or household goods, these items can be distributed among the rightful beneficiaries without the supervision of the court. During these types of proceedings the probate court issues a variety of orders and has general oversight over cases involving wills and estate proceedings lacking wills. Indeed, the court ultimately approves the manner in which the assets set forth in a will or included in an estate are distributed.About the Author:
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What is Probation Court? Atlanta