Does probate court handle more than just probate?

When we think of probate court, most of us think of the court that handles the settlement of an estate when someone dies. You hear about executors and Will contests, and while there is certainly a lot of that, many probate courts handle so much more depending on the state, and even the jurisdiction where the court presides. And probate court may be called by other names in different states. For example, in New York the probate court is known as the Surrogate’s Court, while in California, it is the Probate Division of the Superior Court that has the responsibility to deal with probate matters.

Besides estate issues, most probate courts handle conservatorship and guardianship matters.

Conservatorship is a proceeding where the court appoints an individual to protect and manage the affairs of someone (an adult) who is not capable of managing his or her own affairs due to incompetence because of mental or physical disability.

Guardianship is a legal proceeding where the court appoints an individual to care for a minor child if his or her parent(s) are no longer alive or no longer able to care for him or her. A Guardianship takes away the parents’ rights to make decisions about their child’s life, but does not permanently terminate parental rights.

Some probate courts deal with matters of commitment of mentally ill adults and children, oversight of trust accounts, performance of marriages, issuance of passports, changes of name, partition of property, and even issuance of firearms licenses.

In a few jurisdictions, probate courts are combined with family court (many in Massachusetts, for example) and handle marriage, divorce, adoption, foster care placement, permanent termination of parental rights, paternity claims, etc.

In some states, such as Georgia, probate courts may even hold habeas corpus hearings (to determine if a prisoner is being held in prison lawfully), or preside over criminal preliminary hearings. Probate court judges in Georgia may also hear certain misdemeanors, traffic cases and violations of state fish and game laws in counties where there is no state court.

Click here for more information on probate and probate courts.

Unveiling the Role of Insurance: Case Studies in Probate Court’s Diverse Responsibilities

Case Study 1: Conservatorship and Guardianship Matters

When a probate court appoints a conservator or guardian to protect and manage the affairs of an individual incapable of self-management due to mental or physical disability, insurance coverage plays a crucial role. The appointed conservator or guardian may require liability insurance to safeguard against potential claims of mismanagement or negligence. This insurance provides financial protection and assists in meeting the fiduciary duties associated with the role.

Case Study 2: Trust Account Oversight

In jurisdictions where probate courts oversee trust accounts, insurance can be utilized to mitigate risks associated with fiduciary responsibilities. Trustees managing trust assets may acquire fiduciary liability insurance, safeguarding them against allegations of breaches, errors, or omissions in their duties. This coverage helps protect the trustee’s personal assets and provides a layer of security for beneficiaries in case of any financial harm caused by the trustee’s actions.

Case Study 3: Marriage and Divorce Proceedings

Probate courts that handle marriage and divorce proceedings can benefit from insurance coverage to address potential legal risks. Errors and omissions insurance, commonly known as professional liability insurance, may be relevant for judges presiding over these cases. This coverage protects judges from allegations of negligence or errors in their decisions, ensuring financial protection for the court and the judge in case of a lawsuit.