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Probate Court
From Wikipedia, the free encyclopedia
Probate Court is a court found in some jurisdictions which is primarily concerned with the proper distribution of the assets of a decedent. Probate Court exists to determine the validity of wills, enforce the provisions of valid wills, to prevent malfeasance by executors and administrators of estates, and to provide for an equitable distribution of the assets of persons who die intestate (without a valid will). In other jurisdictions these functions are performed by Chancery Court or another Court of Equity. Probate Courts may also deal with conservatorships, guardianships, name changes, marriages, and adoptions.
The probate court can be petitioned by interested parties in an estate, such as when a beneficiary feels that an estate is being mishandled. The court has the authority to compel the executor to give an account of his actions.
The judge of a probate court is sometimes known by another name, in accordance with the jurisdiction's historical tradition. In New York, the court with jurisdiction over probate matters is the Surrogate's Court and the judge is the Surrogate. In Georgia the Probate Court was formerly known as the court of ordinary and the judge was the ordinary.
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