| Frequently
Asked Questions (FAQ) |
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What are the hours of the Probate Court office? |
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What is the cost for copies of documents? |
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I would like to file my original will with the
Probate Court for safekeeping. How do I do it? What is the
cost? |
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My original will is on file with Probate Court. I
would like to withdraw the will. How would I do so? |
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A relative has just passed away. Can I find out
if the relative had a will on file with the Probate Court
office? |
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I am named as Personal Representative in my
relative's will. The relative has recently passed away and was
a resident of St. Joseph County. What should I do? |
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My relative has just died. We are unable to find
his original will, and believe it is in his safe deposit box.
Is there a procedure to have the safe deposit box opened? |
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My deceased relative's only assets were a small
bank account and an automobile. Is there a simple way to have
the assets assigned by the Court without going through an
attorney? |
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How do I file for guardianship? |
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I believe a relative is mentally ill and needs
treatment. What is my first step in seeking help for this
individual? |
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I have remarried, and my new spouse would like
to adopt my child from a previous marriage. What should we do? |
I was adopted
in St. Joseph County several years ago, and would now like to find
out information about my birth parents. What should I do?
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| What types of
files are open to the public? Which are confidential? |
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| Q. |
What are the hours of the Probate Court office? |
| A. |
Court business hours are 8:00 am to 5:00 pm Monday through
Friday, with the exception of holidays. Genealogy research can
be done on Mondays, Wednesdays, and Fridays only, from 9:00 am
to 12 noon and from 1:00 pm to 4:00 pm. |
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| Q. |
What is the cost for copies of documents? |
| A. |
Photo copies are 50 cents per page. Microfilm copies are
$1.00 per page. Certified copies are $10.00 for the
certifications fee, then an additional $1.00 for each page.
The Court accepts payments by cash, money order, or personal
check made payable to St. Joseph County Probate Court. |
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| Q. |
I would like to file my original will with the
Probate Court for safekeeping. How do I do it? What is the
cost? |
| A. |
The cost is $25.00 You bring the will to the Probate Court
office and then you will receive a written receipt in the
mail which lists your will number. |
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| Q. |
My original will is on file with Probate Court.
I would like to withdraw the will. How would I do so? |
| A. |
You must withdraw your will in person. Bring your will
receipt with you to the Probate Court office. If you have
misplaced your will receipt, we have another form that can
be completed. If you are unable to withdraw your will in
person, you must complete an Authorization to Release Will
Held for Safekeeping form to authorize a different person to
remove your will. Call the Probate Court office at (269)
467-5538 to receive the form. |
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| Q. |
A relative has just passed away. Can I find out
if the relative had a will on file with the Probate Court
office? |
| A. |
The Probate Court office can only release that information
when you have provided the Court with verification of the
person's date of death by supplying a copy of the death
certificate or an obituary notice. You can then be told if
we have a will on file. |
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| Q. |
I am named as Personal Representative in my
relative's will. The relative has recently passed away and
was a resident of St. Joseph County. What should I do? |
| A. |
If you are in possession of the original will, you must
deposit the will with the Probate Court within 30 days of the
date of death. There is no charge to deposit the will. You
cannot act as Personal Representative until an estate is
opened in Probate Court and you are appointed Personal
Representative by the Court. You must retain an attorney to
complete the paperwork to open the estate. |
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Q. |
My relative has just died. We are unable to find
his original will, and believe it is in his safe deposit
box. Is there a procedure to have the safe deposit box
opened? |
|
A. |
There is a Petition to Open Safe Deposit Box form which can
be obtained from the Probate Court office. This Petition is
to be used to open the safe deposit box and examine the
contents for a will and/or burial plot deed only. The total
cost for this procedure, including filing fee of $10.00 and
certified copy fee of $11.00, is $21.00. |
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Q. |
My deceased relative's only assets
were a small bank account and an automobile. Is there a
simple way to have the assets assigned by the Court,
without going through an attorney? |
|
A. |
You can request a Petition and Order for Assignment form and
instructions from the Probate Court office. This method is
applicable for simple estates when the assets total $17,000
or less after the cost of the funeral and burial expenses
are subtracted. This procedure does not follow provisions of
a will, but has a set priority of how the assets must be
assigned. You will need to provide copies of funeral bill
and receipts if the funeral bill has been paid. |
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Q. |
How do I file for guardianship? |
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A. |
To file for a guardianship over a minor
child, you must see an attorney. For guardianship of an
adult, you can pick up a guardianship packet from the
Probate Court office or request to have a packet mailed to
you. This packet has a list of instructions and the
necessary forms. It is not an easy process and requires
service of papers by you and court hearings. |
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Q. |
I believe a relative is mentally ill
and needs treatment. What is my first stop in seeking help
for this individual? |
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A. |
Probate Court holds the mental hearings, but can't start a
case. The first step is to contact the St. Joseph County
Community Mental Health Agency at (269) 273-5000. The
address of the agency is 210 S. Main St., Three Rivers. |
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Q. |
I have remarried, and
my new spouse would like to adopt my child from a previous
marriage. What should we do? |
|
A. |
You must contact an attorney. You should wait until you have
been married at least nine months before starting the
proceedings, as the adoption will not be confirmed until you
have been married at least one year. |
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Q. |
I was adopted in St.
Joseph County several years ago, and would now like to find
out information about my birth parents. What should I do? |
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A. |
Adoption files are confidential. You can contact the Probate
Court office and request a Release of Information pamphlet.
The pamphlet outlines the procedures for obtaining
non-identifying or identifying information. |
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Q. |
What types of files are
open to the public? Which are confidential? |
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A. |
Public files include decedent estates, guardianships, and
conservatorships. Adoptions and mentally ill files are
confidential. Also, some documents in guardianship files
involving developmentally disabled individuals are
confidential. As mention previously, information regarding
wills is confidential until the testator is deceased. |
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