Probate/Guardianship

*MANDATORY E-FILING JANUARY 1, 2016*

Effective January 1, 2016 all Civil, Probate and Guardianship filings from attorneys must be filed electronically with the Gray County Clerk's Office.

Probate Court

The probate court is a Constitutional Probate Court headed by an elected judge, the Honorable Richard Peet.

Probate cases deal with protecting the wishes, rights and obligations of persons regarding their property when these persons are unable to do so as a result of death or incapacitating illness, either physical or mental. The County Clerk is responsible for filing, recording and maintaining these probate records.

Types of cases handled in the Probate department include:

Probate of Will & Issuance of Letters Testamentary
Probate of Will as a Muniment of Title
Letters of Administration
Determination of Heirship
Guardianship of the Person and/or Estate
Small Estate Affidavit
Mental Health

Probate of Will/ Letters Testamentary or Letters of Administration

This proceeding is filed in order to disburse the estate of a decedent. An "Order Admitting" must be signed by the court approving the application in order to receive Letters of Testamentary or Administration.

Guardianships

This proceeding is filed when a minor or a person who is either physically or mentally unable to care for themselves and require assistance with their everyday needs. An application is filed by an attorney and an order must be signed by the judge approving the application and appointing a guardian.

Small Estate

This proceeding is filed in order to disburse the estate of a decedent who left no will, the estate is valued at less than $50,000 and there is no real-estate involved. An order is signed by the court approving the application or the court may request a hearing.