Contrast With Trial Court

Normally, a court conducts trials in which it (or the jury) acts in a decision-making capacity between competing parties. However, when"sitting in Probate," a State court is actively taking control over and administering the affairs of someone who is unable to do so.

To do this work, the court appoints a fiduciary who, like all licensed lawyers, becomes an officer of the court and is required to account and report their actions to the court. The court also will independently review the account and report of a fiduciary for accuracy and completeness.

The fiduciary can be nominated by the person whose affairs they are managing, and if there is no nomination, State law gives priority or preference to a spouse or children. Usually, the appointed fiduciary is a family member. The use of private professional fiduciaries, individuals licensed by the State, is becoming more and more common.

Links:

Professional Fiduciary Association of California

If you have a question about your legal rights, or wish to speak to an attorney about your situation, please call us today at 510-663-9240, or contact us online to discuss your legal rights.

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