Probate Court

Also known as: Surrogate's Court, Orphans' Court

In one sentence

The court that oversees the validation and execution of wills and estate administration.

Plain English

Probate court is a specialized court that handles matters related to wills, trusts, and the distribution of estates after someone dies. It validates that a will is genuine, appoints executors or administrators, resolves disputes over inheritance, and ensures debts and taxes are paid before assets go to heirs. The exact name and jurisdiction of probate courts vary by state—some call it surrogate's court or orphans' court.

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Example

When Patricia died, her will was filed with probate court. The judge confirmed the will was valid, appointed Patricia's son as executor, and oversaw the process of paying her debts and distributing her assets.

Used in a sentence

“The probate court approved the executor's accounting and authorized the final distribution of assets to the beneficiaries.”

Related terms

Executor

The person appointed to carry out the instructions in a will.

Administrator

A person appointed by the court to manage an estate when there is no will.

Probate Estate

Property owned by a deceased person that passes through the court-supervised probate process.

Testamentary Trust

A trust created within a will that takes effect after the person dies.

Intestate Succession

The legal process of distributing a deceased person's property when they leave no valid will.

Probate

The court process of validating a will and distributing a deceased person's estate.

Elective Share

A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.

Power of Attorney

A legal document authorizing someone to act on your behalf in financial or medical decisions.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.