Jennifer Haslip

A probate court (a.k.a. a surrogate court), is a specialized court and legal process that deals with matters pertaining to the probate and administration of the estate of deceased persons.
 

These specialized courts provide a variety of functions, including:

 

• Ascertaining and overseeing that proper administration and distribution of the assets of a decedent (one who has died) has been peformed;

• Determining and certifying the validity of wills;

• Enforcing the provisions of a valid will by issuing the grant of probate;

• Preventing improper action or malfeasance by personal representatives, administrators etc;

• Providing for the equitable distribution of assets of persons who die intestate (without a valid will).

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When disputes occur regarding an estate, the probate court ultimately decides who is to receive the property. In a case where there is not a valid will, the court determines who is to receive the deceased’s property under the laws it is governed by. The probate court will oversee the process of distributing the deceased’s assets to the proper beneficiaries. In some states or jurisdictions, probate courts are also referred to as orphan courts, superior courts, courts of ordinary as well as various other names. Not all jurisdictions have specific probate courts and in some locations, probate matters are handled by a chancery court or another court of equity.
 

The probate court can be petitioned by parties that are interested in or who have claims against an estate, such as when a beneficiary feels that an estate is being mishandled or a creditor. The court has the authority to demand that an executor, executrix or personal representative give an account of their actions on behalf of an estate.