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The Family and Probate Court
The family and probate court has existed in America for three centuries. It
used to be referred to as a neighborhood court since it was often informal.
Nowadays, it is also called a family court due to its additional
responsibilities such as overseeing hearings that impact minors, senior
citizens, as well as the mentally ill. But these tasks may have already been
transferred to other courts in some states.
Family and Probate Court – Dealing with Family Matters
Family and probate court responsibilities through the years were not limited to
probating and supervising Wills and estates. The court's authority may have also
included the following:
• Assigning a guardian or health care facility for a child, elderly person, or a
mentally incapacitated individual.
• Assessing the fitness of parents, and taking action if they are deemed unfit.
• Hearing a paternity claim.
• Approving or restricting adoption.
• Approving or restricting marriage for those under 16 years of age.
It is very likely that the jurisdiction of probate courts in America underwent
changes through the years. Many of the tasks mentioned above may now be assigned
to other courts, depending on the state.
Money Matters
In general, loans, debts, and taxes are paid before the remaining estate is
distributed to the beneficiaries.
A surviving spouse may be liable for outstanding debts left by the decedent if
the couple shared a bank and credit account. However, if the card company
approved credit based solely on the decedent's financial history and rating,
then the surviving spouse may not have to pay remaining debts.
Relatives of the decedent may or may not be appointed by the court to act as
executor. Unlike jury duty, serving as executor is not mandatory. An executor
may also give up the position at any time, provided a status report is filed
before the court covering the period served.
Depending on state laws, executors are paid up to 4% of the estate value, which
may decrease as estate values increase. Executors cannot assign their own fees
and make payments to themselves, even for money they advance. Approval from the
court must be sought for all costs incurred by the estate.
Probate Executor’s Fees
An executor's fee is considered taxable income, but the payments an executor
receives as an heir or beneficiary are tax-free.
The family and probate court has the duty and authority to evaluate if an
executor is performing duties competently and may, at any time, remove the
executor and assign another. Other heirs also have the right to ask the court to
order the executor to report on the probate status, if the executor fails to
supply them with updates.
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