Probate Court Case Types

[Rich Hupper]

Hello

I am trying to better understand probate case types, as they are filed at the court house. If anyone can provide me with a brief summary of the case types it would be helpful.

1) Domestic relations custody support and parenting time

2) Domestic relations

3) Domestic relations/other

4) Equity  partition

5) Equity complaint

6) Equity Petition

7) Estates and Administration

8) Guardianship managed

9) Joint petition

10) paternity managed

11) paternity in equity

12) probate abuse / conservator managed

13) probate other

14) Wills for safekeeping

Granted I know most of these probably do not pertain to real property, however what underlying situations would warrant the filing of these different cases?

Thank you

[Mark Pedroza]

Yes, I agree with @Tom Gimer. You should focus on 7) Estates and Administration and 13) Probate Other.

Me, I'm only searching for the probate documents PW=Probate of Will and LA=Letters of Administration. 

Probate of Will would be the person named as the Executor to Administer the will.

Letters of Administrator is the person assigned by the court (where there's no will involved) to administer the estate. Usually next of kin(ship) or blood relative.

So, I would be dealing with the Personal Representative (executor and/or administrator).

Think of probate as the person that has not done proper estate planning. 

The document that settles the sale of the property is Letters Testamentary (will) or Letters of Administration (no will).

The PR will file this document which will have the county stamp (seal) that gives the PR legal capacity to sell.

The title company would need a certified copy of Letters Testamentary/Letters of Administration indicating Full Authority from the PR to sell the property without court confirmation. (probate auction).

I suggest you focus on "In Pro-Per" (Party without Attorney). People who try to do probate themselves can create huge nightmares and realize that they get in over their heads.

Wrong documents are filed. When correct documents are figured out they're filed out improperly and at the same time their life is put on hold. 

Mind you this is all CA based. So your going to have to adjust my answer to the probate court-mandated documents for Mass.

(This is not legal advise nor am I an attorney. But I was involved in my own family Petition for Probate)