When is probate needed?
Probate is necessary when a court order is required to transfer or distribute the assets of the estate.
Archives: FAQs
When and where should a will be deposited?
The custodian of the will must deposit the will with, and supply the testator’s date of death or social security number to, the Clerk of the Court in the county in which the person was a legal resident within ten days after receiving information that the testator is dead.
What is a will?
A will is a document by which a person directs his or her estate to be distributed upon death.
What is probate?
Probate is a legal process through which the assets of a deceased person are properly disposed. The Court oversees the estate to make sure debts are paid and proper distribution is made.
Can I petition for Baker Act or Substance Abuse (Marchman Act) more than one time?
Yes. Anytime you feel that an individual is a danger to himself, herself, or others, you may initiate these procedures.
Will the person know that I did this?
Yes. The Sheriff’s Office serves the person with a copy of the petition and the order entered by the Judge. The mental health receiving facility is also given copies and they become a part of the person’s records at that facility. If the patient requests to see his or her records, the facility must allow …
What does the order provide?
The order grants the authority for the Sheriff’s Office to take the person to a facility for an examination.
Will I be able to talk to the judge when filing a Baker Act?
Usually, the judge makes a decision based upon the contents of the petition only. If the judge finds that there is sufficient cause, he or she will enter an order directing the Lake County Sheriff’s Office to transport the person to the appropriate facility.
How do you Baker Act someone?
A Baker Act petition may be filed alleging the person needing involuntary examination has refused voluntary examination or is unable to determine whether an examination is necessary and the person will suffer from neglect, will harm himself or herself or others. The Clerk’s Office staff will immediately present any Baker Act petition to a judge …
How can I learn more about guardianship audits?
In addition to the duty to serve as the custodian of the guardianship files, the Clerk reviews each initial and annual guardianship report. Guardianship audits are conducted by the Clerk’s Inspector General Department. Learn more about guardianship audits.