Probate Court is a court found in some juridictions which is primarily concerned with the proper distribution of the assets of a decedent. Probate Court exists to determine the validity of wills, enforce the provisions of valid wills, to prevent malfeasance by executors and administrators of estates, and to provide for an equitable distribution of the assests of persons who die intestate (without a valid will). In other jurisdictions these functions are performed by Chancery Court or another Court of Equity. Probate Courts may also deal with conservatorships, guardiansips, name changes and adoptions. A court is an official, public forum which a public power establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. ... Probate is the legal process of settling the estate of a deceased person; specifically, distributing the decedents property. ... In the law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ...
The probate court can be petitioned by interested parties in an estate, such as when a beneficiary feels that an estate is being mishandled. The court has the authority to compel the executor to give an account of his actions.
The Illinois General Assembly granted probate jurisdiction to the clerk of the county commissionersÂ’ court in 1819.
Only two years later, in 1821, the functions of the probatecourt were transferred from the clerk of the county commissionersÂ’ court to county probatecourts.
By the terms of the Judicial Amendment of 1962, the functions of both the probatecourts and the county courts were transferred to the circuit courts, effective January 1, 1964.
The court may appoint, after a hearing and an investigation, a guardian for a minor, or for an adult who is found to be incompetent to take proper care off himself/herself or their property.
The Probate Code (Title 21 of the Ohio Revised Code), Rules of Civil Procedure, Rules of Superintendence, Case Law, and Local Court Rules are the major sources for law and procedures in the probatecourt.
All of the courtÂ’s employees are sworn as deputy clerks.
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