The Probate Court has exclusive jurisdiction over Wills, Estates, and Guardianships. Court records, which date back to 1875, are retained in the court vault. Most records are public record and the public is invited to conduct research during office hours. In the probate of a will, the domicile of the testator at death, shall give jurisdiction to the probate court of that county. The domicile of the deceased who was in the care of a nursing home or other similar facility at the time of death shall be presumed to be the county in which the deceased was domiciled immediately before entering the nursing home or other facility.
In the appointment of a guardian of a minor, the county in which the minor is found, shall give jurisdiction to the probate court of that county. In the appointment of a guardian of an incapacitated adult, the county in which the incapacitated adult resides, shall give jurisdiction to the probate court of that county.
If you have any legal questions or concerns regarding an estate or guardianship matter, you may want to consult with an attorney. Estate planning and probate are two crucial areas that every individual needs to consider, as Giles & Robinson, P.A. explains.
For Standard Probate Court Forms and other information click on the following site: www.gaprobate.org
If you reside in Cook County and would like to file your Last Will and Testament for safe-keeping, the Cook County Probate Court can provide this service for a one time fee of $10.00.
Upon filing your will for safe-keeping, you will be required to seal it in an envelope and sign and date its entry into the court’s record book. Once it has been filed, it will be kept in the court vault for safe-keeping, and no one but you or your personal representative will be allowed to withdraw it.
(WILLS FILED FOR SAFE-KEEPING ARE NOT PUBLIC RECORD)
Frequently Asked Questions
1. What are the first legal steps I should take after someone dies?
2. Do I need to have a lawyer?
3. Can you give me the name of a good lawyer?
4. To which Probate Court should I go?
5. What is the procedure in the Probate Court?
6. Can a clerk tell me if I filled out a form correctly?
7. Can I see the Judge before the hearing takes place?
8. What will happen in court?
9. What happens if I don’t go to the hearing?