Probate is a Court supervised proceeding for a person who dies with or without a will. It can be avoided if a Trust is done while the owner of the property is alive.
A Probate proceeding controls the estate (property) of a person who has died. The Probate Court designates an executor or administrator (usually a close relative or who ever is designated in an individual's will) to inventory and value assets, search for and pay creditors, pay taxes and distribute assets to the heirs or beneficiaries.
Attorney's fees are paid at the conclusion of the probate in an amount set by law based on the size of the estate and services, provided the only up front costs are for Court fees and necessary publications.
Probate proceedings are very technical and all legal requirements must be strictly followed.
Conservatorships are established to handle "the" estate and/or the person care of a "person" who is a mentally incompetent person. A conservator of the estate is appointed by the court to inventory and value the estate, pay expenses of the conservatee, and file annual detailed accountings with the Court. In addition to the up front initial attorney fees, there are annual fees owed for managing the conservatorship.
Conservator of the "person" decides where the conservatee will live (after the court investigator makes a report) and, if the Court so specifies, what medical care the conservatee will receive.
Conservatorship proceedings are very technical and all legal requirements must be strictly followed.
