What types of cases does the Fairfield Probate Court decide?
In general terms, there are three categories of cases:
1. Cases involving the welfare of children. The Court has the authority to remove an unfit parent as the guardian of their child. In cases involving extreme neglect or abuse the Court also may terminate parental rights. If parental rights have been terminated, the Court may grant an adoption.
2. Cases involving Estates. When someone passes away, the local Probate Court oversees the administration of the estate. The Court will appoint an executor. Beneficiaries will be identified so that property may be distributed pursuant to the decedent’s will. As part of the administration process, the Court also requires creditors to be notified and debts determined. If a decedent dies without a will (intestate), the court may appoint an administrator who will function as an executor would if the decedent had died with a will. The Probate Court also hears will contests and issues involving certain trusts.
3. Cases to protect adults. Unfortunately, there are times where once well functioning adults are no longer capable of managing their financial or personal affairs. In such an instance, the Court has the authority to appoint a conservator of the estate, a conservator of the person or both to protect the interests of the adult. The Court may also committ adults suffering from mental illness or addiction to residential facilities for appropriate treatment.
The staff is pleasant and very helpful. Therefore, a lawyer is not always required. Of course, for some complex cases, a lawyer familiar with the probate process may be necessary.
Please contact me if you wish to discuss a Fairfield Probate Court matter.