Define: Probate Court

Probate court is a specialised court that handles the legal process of administering the estates of deceased persons. When someone passes away, their assets, debts, and property need to be managed and distributed according to their will or state law. The probate court oversees this process, which involves validating the deceased’s will (if there is one), appointing an executor or administrator to manage the estate, identifying and valuing assets, paying debts and taxes, and distributing remaining assets to heirs or beneficiaries. Probate court proceedings can vary depending on the complexity of the estate and the laws of the jurisdiction. Overall, the primary goal of probate court is to ensure that the deceased’s wishes are carried out and that assets are distributed fairly and efficiently.

A specialised court or division of a state trial court that considers only cases concerning the distribution of a deceased person’s estate. Called “surrogate court” in New York and several other states, this court normally examines the authenticity of a will, or if a person dies intestate, figures out who receives her property under state law. It then oversees a procedure to pay the deceased person’s debts and to distribute her assets to the proper inheritors. See probate.

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This glossary post was last updated: 13th April, 2024.