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December 13, 2006

Types of Cases Heard in Probate Court.

In California, the probate court is a court of general jurisdiction. What is confusing to many people is that the probate court hears more than just traditional legal matters where someone has died with or without a Will.

Thus, California's probate courts handle proceedings involving:

   
  • Decedents estates (the traditional role it is most known for)    
  • Trust proceedings    
  • Guardianship proceedings    
  • Conservatorship proceedings    
  • Minors compromises

If you are served with a summons or legal papers involving California's probate court, please do not assume that the papers involve someone's estate and nothing further is required from you. If a summons is attached to the papers, it means you have been sued in some capacity.

You should seek the advice of legal counsel to review the papers (sometimes called a Petition) and determine if you need to file a response (which would be Objections) to protect your rights in the lawsuit.

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