Probate Court
Definition of Probate Court
Note: See a more comprehensive approach to the Probate Court legal concept in the American Law Encyclopedia
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 (Law of the United States).
Resources
Probate Court Related Resources
- Probate Court in the United States Legal Encyclopedia
- Judicial Organization Keywords in the United States Legal Encyclopedia
- Judicial Organization Keywords in the International Legal Dictionary
Notes
- “Probate Court”, The American Law Dictionary, 1991, California
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