|
|
|
|
|
|
Description
|
PROBATE COURT
The Van Buren Probate Court has four full-time employees in addition to the Probate Judge. Probate Court is the Court which supervises minor and adult guardianships and conservatorships, trust, wills, legal change of name, mentally ill, affidavits of parentage, estates, and civil disputes involving estates.
One employee is the secretary for the Judge who records all hearings, acts as bailiff in the courtroom and types necessary transcripts. The Probate Register manages the Probate office and supervises one deputy and one clerk. This staff of three processes all matters coming into Probate Court. They proofread, audit, and authorize the filing of documents related to the above. Incorrect filings are returned.
In 1994, Probate Court processed 60 small estates (transfer of property less than $5,000), 85 supervised estates, 99 independent estates, 69 mentally ill petitions, 163 guardianships, 92 conservatiorships, 76 adoptions, 35 name changes, 32 acknowledgements of paternity and filed 52 wills.
The above filings were only for 1994. In addition, the Court continues to supervise 181 supervised estates, 188 independent estaes, 760 guardianships, 447 conservatorships, and 67 trusts.
The paperwork is overwhelming for the three Probate staff. Additional filing fees mandated by the state have doubled the County revenue from $14,000 in 1993 to $28,000 in 1994. Despite converting to computers, the office is in need of staff and space. Even the collection of fees has personnel costs. Despite the additional needs of adoptions, guardianships and independent estaes, no new staff has been added since 1976. Unfortunately, the present staff can no longer keep pace with the work load.
PROBATE COURT - DUE PROCESS
Legal representation in Probate Court generally takes the form of guardian ad litems (GAL). A GAL is an attorney to represent a specific interest of a person. A GAL may be appointed to make decisions about where a person lives if the person disagrees with his/her guardian. One may be appointed to handle specific money matters as in a conservatorship. If a mentally ill person disagrees with his treatment, an attorney is appointed to represent them.
Representation by an attorney is not mandated for each case, but in each case where there is disagreement, contention or the need to have an independent person protect the rights of an "disabled" person.
Probate Court expended $293,279 in 1998. Additional costs will be determined by the type of cases coming in the Court or additional mandates of representation by the Supreme Court of Legislature.
|
Page Last Updated: 7/24/2003
|
