| Probate court is a specialized court which mainly | | | | including inventory, accounting and tax forms and the |
| attends to matters regarding the estate of a person | | | | distribution of probatable assets to beneficiaries and |
| who has died. Depending on the state in which you | | | | heirs. |
| reside, this type of court might also be referred to | | | | In addition to estate administration, probate courts |
| as Orphans Court, Court of Equity, Court of Ordinary | | | | oversee cases which require the enforcement of |
| or Surrogate Court. | | | | equity law. Common equity law cases include the |
| The primary function of Probate Court is to make | | | | institution of guardianship for an individual found to be |
| certain the assets of the decedent are properly | | | | incompetent of handling their affairs. Probate courts |
| disbursed to beneficiaries. A probate judge oversees | | | | also oversee involuntary commitment of mentally ill |
| the estate to enforce directives left by the decedent | | | | patients to a state hospital. |
| in their Last Will and Testament. | | | | Adoptions are oftentimes handled through the |
| If a person dies Intestate (without leaving a Will), the | | | | probate court system. Generally, individuals who |
| probate judge assigns someone to administer the | | | | engage in the adoption of a minor child are assigned |
| estate. Typically, this is a family member. However, in | | | | an Assessor who will visit the home and gather |
| cases where no family members exist or cannot be | | | | information about the adoptive parents and living |
| located, the judge can authorize a court appointed | | | | conditions. In most states it is mandatory for |
| estate executor. | | | | adoptive parents to appear in Probate Court for the |
| Probate courts came into existence in the United | | | | final hearing. |
| State in 1784, with the first court established in | | | | Oftentimes, birth certificates are kept on file through |
| Massachusetts. While several amendments have been | | | | the Probate Court. Depending on the state and |
| made to the Constitution in regard to the authority | | | | jurisdiction of the probate court, individuals seeking |
| of probate court, its main function has always been | | | | information about unrecorded births, lost or |
| to provide distribution of assets and enforce equity | | | | destroyed birth certificates, or certificates which |
| law. | | | | have not been properly or accurately files must |
| Equity law refers to any order which directs an | | | | contact the Probate Court to obtain or change |
| individual to act or refrain from acting. The difference | | | | information. |
| between equity law and laws regulated by courts of | | | | Probate courts also oversee applications for legal |
| law is that court regulated laws pertain to legal | | | | changes of name and marriage licenses. Typically, |
| doctrines or statutes, while equity laws are regulated | | | | there is a nominal fee charged at filing and the |
| by general guides known as "maxims of equity." | | | | process usually takes four to six weeks. |
| Within the United States, probate laws are regulated | | | | Last, but not least, probate courts oversee civil |
| by each individual state. Although these laws vary | | | | actions relating to probate including contesting of a |
| from state to state, the vast majority require a | | | | Will, determination of beneficiaries, and presumption |
| decedent's estate to be overseen by an appointed | | | | of death. Although most cases presented in probate |
| estate executor or administrator. Estate executors | | | | court do not require a jury, civil action cases typically |
| are responsible for filing necessary documents | | | | require a jury trial for proper disposition. |