Probate Clerk's Office Fee Schedule Public Records Financials Employment Forms Probate, Guardianship, and Trust Department he Probate, Guardianship, and Trust Department maintains the files on probate estates, wills, trust and guardianships for both minors and incapacitated persons. They monitor, file, and store all pending case files and all wills that have been deposited with the Probate Department.
Probate is necessary whenever a deceased person leaves titled assets in their name alone.
A party then files a petition for probate which allows distribution of the decedent's assets. Guardianships are filed for both minors and incapacitated persons. Mental Health appoints a committee to evaluate the person and make their report to the court. Guardians can be appointed as guardian of the person only, property only or person and property. In this case a guardian of the property is all that is needed if the minor child's parents are living.