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Getting Started - Why is written verification of assets required?

A written Verification of Assets is required because it confirms an asset’s value and type and confirms for the Court that the case is within the jurisdictional limits of a small estate. All assets are included in the final order, and the amount of the asset must be exact to the penny or the distributions included in the final order will be incorrect.

Getting Started - Can I file a petition for appointment as guardian of the person of the minor with the Probate Division?

No. The Probate Division handles guardianships of the property or assets of a minor. The Family Division handles petitions for appointment of a custodian of a child when one is needed to make care or custody decisions. A petition for appointment as custodian should be filed in the Family Division.

Getting Started - Does the subject need to be present at the initial hearing and any subsequent hearings?

Yes. If counsel appointed for the subject believes that it is not advisable for the subject to attend for any reason (such as health issues), counsel can ask the Court to excuse the subject’s appearance by filing a motion to excuse the subject’s or ward’s appearance prior to the hearing. Only the Judge may excuse the subject from the initial hearing.