Types

• Probate court is held in each county or parish of each state in the United States. Probate court follows the rules of civil procedure in conducting trials. The cases it hears involve the property of a deceased person or matters concerning minors or persons who are mentally incapacitated.
  
  

The Uniform Probate Code (UPC)

• As of 2009, 16 states have adopted the Uniform Probate Code, which is a standardized set of laws regarding administration of the estates of deceased people. These laws address how a will is prepared and executed, the disposition of property of those who die without a will (known as intestate succession), situations involving minors and mentally incapacitated people, and other estate-planning devices such as trusts. States that do not follow the UPC may vary in their probate policies and processes.
  
  

Certain Functions of Probate Court

• Probate court proceedings usually do not involve as many court appearances as civil litigation because most of the work is done in the form of document preparation. For example, when a person dies, it is the responsibility of the family to file the will (if one exists) and the death certificate with probate court in the county in which the deceased person resided. After that, the process of probating someone's estate is mostly paperwork that is completed, signed by the personal representative to ensure its accuracy, and then filed with probate court. Usually within a period of 12 months, the estate is closed and the process is complete.
  
  

Probate Court and Minors

• In the case of minors the process is a bit longer and usually continues until the minor is a legal adult. In most states the age of majority is 18 years, but a specific trust agreement may stipulate a different age requirement.
  
  

Probate Court and the Incapacitated Person

• In the case of persons who are mentally incompetent, the probate process will continue in some fashion until after the person is deceased. Once a conservator and guardian are appointed for an incompetent person, the probate process is simply an annual accounting that details the funds available to the incompetent person and helps to ensure that the conservator is following the terms of the agreement to manage the funds in the best interest of the incapacitated individual.