Probate Court
As of January 1, 2020, all minor guardianship case types (GM, LG) have been reassigned to the 17th Circuit Court, and all case filings are now accepted at the Circuit Court Clerk's office.
Informational Meetings for Guardians & Conservators
Meetings are scheduled via Zoom every two months, and attendees must register in advance to attend. To register, click here, select the meeting you would like to attend, and include your name and email address. Once you have registered, a confirmation email will be sent to you with instructions for connecting to the meeting.
Each meeting will begin with an overview of the responsibilities of guardians and conservators including paperwork which must be filed with the Probate Court. Specific court forms will be reviewed and the steps for properly completing and filing the paperwork explained. Following this discussion, individuals are welcome to ask questions related to their specific wards.
Note: The content covered will be primarily adult guardianships and adult conservatorships (GA, GL, and CA case types), but if you have questions regarding guardianships of developmentally disabled individuals (DD case type) feel free to attend.
Mission Statement
The mission of the Kent County Probate Court is to provide an accessible and person-centered venue to secure the peaceful, sound, and efficient resolution of matters, where every individual is treated with dignity and respect.
Overview
The Probate Court is a Court of statutory jurisdiction, primarily concerned with the protection of incapacitated or mentally ill individuals and their assets and the proper transfer of assets at death.
Protection of Incapacitated Individuals
Proceedings concerning the protection of incapacitated individuals involve guardianships for legally incapacitated adults as well as developmentally disabled individuals. The appointment of a guardian allows that person to make decisions for an incapacitated individual. A guardian may be granted full or limited authority.
Mentally Health Treatment
The Probate Court hears petitions requesting mental health treatment for individuals that are alleged to have a mental illness and that, as a result of that illness, may seriously injure themselves or others or are unable to care for their basic physical needs.
Protection of Property of Incapacitated Individuals
Proceedings concerning the protection of the property of incapacitated individuals involve conservatorships for legally incapacitated adults, conservatorships for minors, and guardianships of the estate for developmentally disabled individuals. If a conservator or guardian of the estate is appointed, that individual will be responsible for the management of the incapacitated individual’s financial affairs. The Court must then monitor the continuing proceedings to ensure that the required annual accounts are filed and approved, showing that the assets are being held and used for the benefit of the ward.
Transfer of Assets
The Probate Court has exclusive jurisdiction over proceedings regarding the transfer of assets at death or transfers where property is held in trust. Transfers at death may involve probate of a Will (testate estates) or estates where there is no Will (intestate estates). The Court may also be called upon to interpret Wills or Trusts in the event of uncertainty or conflict over the document's meaning.
Other Matters
The Probate Court also hears a variety of other types of matters. These include Petitions for Protective Orders, which are typically one-time requests for the Court to allow or approve some action, such as approval of a settlement or a Trust. They also include various civil actions, where one party is suing another party. These cases are just like cases in circuit or district court, except usually a trust, estate, or fiduciary is one of the parties, so the proceedings have some relation to the regular business of the Probate Court. Finally, the Probate Court holds Wills for safekeeping and hears proceedings for change of name, drain appeals and secret marriages.
