Court dealing with probate and estates
"Court of Ordinary" redirects here. For courts with general jurisdiction, see
ordinary court
.
A
probate court
(sometimes called a
surrogate court
) is a
court
that has competence in a
jurisdiction
to deal with matters of
probate
and the
administration of estates
.
[1]
In some jurisdictions, such courts may be referred to as Orphans' Courts
[2]
or courts of ordinary. In some jurisdictions probate court functions are performed by a
chancery court
or another
court of equity
, or as a part or division of another court.
Probate courts administer proper distribution of the
assets
of a
decedent
(one who has died),
adjudicates
the validity of
wills
, enforces the provisions of a valid will (by issuing the
grant of probate
), prevents
malfeasance
by
executors
and administrators of
estates
, and provides for the
equitable distribution
of the assets of persons who die
intestate
(without a valid will), such as by granting a
grant of administration
giving judicial approval to the
personal representative
to administer matters of the estate.
In contested matters, the probate court examines the authenticity of a will and decides who is to receive the deceased person's property. In a case of an
intestacy
, the court determines who is to receive the deceased's property under the law of its jurisdiction. The probate court will then oversee the process of distributing the deceased's assets to the proper beneficiaries. A probate court can be petitioned by interested parties in an estate, such as when a
beneficiary
feels that an estate is being mishandled. The court has the authority to compel an executor to give an account of their actions.
In some jurisdictions (e.g.
Texas
) probate courts also handle other matters, such as guardianships, trusts, and mental health issues (including the authority to order involuntary commitment to psychiatric facilities and involuntary administering psychiatric medication).
Orphans' Court
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]
An Orphans' Court was an organization established in the
Chesapeake Bay
American colonies during
colonization
. The major goal of the organization was to protect
orphaned
children and their right to their deceased family member's estate from claims and against abuses by stepparents and others.
Today, at least in
Maryland
[3]
[4]
[2]
and in
Pennsylvania
, probate courts are still called Orphans' Courts, for historical reasons, hearing matters involving wills of deceased estates which are contested and supervising estates which are probated judicially.
[5]
Register of Probate
[
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]
A Register of Probate is an elected position in some jurisdictions in the United States, such as New Hampshire,
[6]
Massachusetts,
[7]
and Maine
[8]
(part of Massachusetts before 1820).
Register of Wills
is an elected position in jurisdictions such as Maryland.
The Registrar and staff administer the local Probate Court, typically for a given
county
, acting partly as public customer service and partly as clerks for the probate judge (who may or may not be elected).
List of probate courts
[
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]
The following is a partial list of probate courts:
- California Superior Court
- Connecticut
?
Connecticut Probate Courts
(a system of 54 probate court districts)
- Delaware
?Office of
Register of Wills
- District of Columbia
?
Superior Court of the District of Columbia
, Probate Division
- Florida
Florida Circuit Court
, County Comptroller's Office
- Georgia
?Probate Court formerly known as the Court of Ordinary (judge formally known as
ordinary
)
- Maryland
?County Orphans' Courts,
[5]
Office of Register of Wills
- Massachusetts
?
Probate and Family Court
, Register of Probate
- Michigan
?County Probate Courts
[9]
- Missouri
?conducted by
Circuit Courts
, some of which have separate probate divisions, Office of
Public Administrator
- New Hampshire
?
New Hampshire Probate Court
- New Jersey
?
New Jersey Superior Court
, Chancery Division, Probate Part,
Surrogate's Court
(judges known as
surrogates
), Surrogate's Office
- New York
?
New York Surrogate's Court
(judges known as
surrogates
)
- Ohio
?conducted by
Courts of Common Pleas
, Family and Probate Divisions, Probate Court
- Pennsylvania
?Orphans' Court Division of the Court of Common Pleas,
[10]
Office of Register of Wills
Archived
2019-02-15 at the
Wayback Machine
- Texas
?see
Judiciary of Texas
; the county court handles probate matters in most instances, but its jurisdiction may overlap with the district court. Also, in ten specific counties the
Texas Legislature
has established one or more Probate Courts to handle probate matters, removing them from county or district court jurisdiction.
- Vermont
?
Probate Courts
, one in each of
Vermont's 14 counties
- Virginia
?
Virginia Circuit Court
References
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]