Probate Court in the United States

A state court with jurisdiction over wills and estates. Probate courts may also have the power to appoint guardians as well as to perform certain functions with minors. Probate courts operate at the county level and can be found in most of the larger states. Where separate probate courts do not exist, the matters comprising that jurisdiction are absorbed by other state trial courts. Probate courts are occasionally called surrogate courts. The principal concern of probate courts is the proper distribution of assets from an estate. Several interests must be protected. First, there are the interests of beneficiaries. This becomes a difficult problem in the event that a will does not exist. In that event, the probate court must apply the principles of state probate law that govern inheritances. Second, courts must be sure that inheritance taxes have been paid. Finally, creditors must have their claims covered. In most instances, the function of probate courts is largely administrative and does not involve adversary proceedings.

See Also

Limited Jurisdiction Court (Judicial Organization).

Analysis and Relevance

Probate courts play a role in estate supervision, a function reflective of the societal interest in protecting property rights. While the probate court is technically a trial court, there is seldom a need for actual fact-finding. Nonetheless, the probate process is prone to delay, especially in situations where disputes do exist. In particular, the process has extensive notice requirements accompanied by lengthy waiting periods. As a result, it is not unusual for the process to take in excess of one year. The substantive law of probate varies widely across the states, and there is an effort being led by the American Bar Association to adopt a uniform and streamlined probate code. Most probate courts are empowered to appoint guardians to administer the affairs of persons determined to be incapable of conducting business for themselves. In some jurisdictions, probate courts supervise the adoption of children and may also engage in supervision of minors.

Notes and References

1. Definition of Probate Court from the American Law Dictionary, 1991, California

Practical Information

Note: Some of this information was last updated in 1982

See courts of special jurisdiction (in U.S. law).

(Revised by Ann De Vries)

What is Probate Court?

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Probate Court in State Statute Topics

Introduction to Probate Court (State statute topic)

The purpose of Probate Court is to provide a broad appreciation of the Probate Court legal topic. Select from the list of U.S. legal topics for information (other than Probate Court).

Basic Meaning of Probate Court

Probate Court means: a court having jurisdiction over estates.

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Resources

Further Reading

• Information about Probate Court in the Gale Encyclopedia of American Law.