Elect Jennifer Berkenstock Judge of Probate


What is Probate?

The probate courts have often been called "the people's courts" because they offer simple, direct access to legal proceedings. Convenience and efficiency are the hallmarks of the probate court. The majority of uncontested matters are heard within four weeks of the time a person files an application with the court. In most cases, the probate courtroom will be a conference room in the probate court offices. The atmosphere at the hearing is informal; the judge does not preside from a bench or wear a black robe.

Probate Courts have jurisdiction over a wide variety of matters including:

Trusts and Estates

  • probating wills and the administration of estates;
  • overseeing testamentary and living trusts;
  • determining title to real and personal property; and
  • construing the meaning of wills and trusts.
Guardians, Conservators and Civil Commitment
  • appointing guardians for persons with mental retardation;
  • approving sterilizations and placements of persons with mental retardation;
  • appointing a guardian of the estate or person for a child;
  • appointing conservators of the person for persons found to be incapable of caring for themselves or, in certain cases, for persons with psychiatric disabilities;
  • appointing conservators of the estate for persons who are incapable of managing their own affairs; and
  • committing persons with severe psychiatric disabilities to an appropriate facility.
Parents
  • removing unfit parents as guardians of their children;
  • hearing the claims of paternity of unwed fathers;
  • terminating the parental rights of parents who cannot fulfill their parental responsibilities; and
  • granting adoptions.
Other
  • granting name changes;
  • approving or disapproving the marriage of persons under the age of 16 years or under the age of 18 where no parent or guardian of the minor child is a U.S. resident; and
  • assisting persons in obtaining passports.
For more information on Probate Courts, including several booklets on Probate topics, click here.