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A probate court (sometimes called a surrogate court) is a court that has competence in a jurisdiction to deal with matters of probate and the administration of estates.[1] In some jurisdictions, such courts may be referred to as Orphans' Courts[2] or courts of ordinary. In some jurisdictions probate court functions are performed by a chancery court or another court of equity, or as a part or division of another court.
In contested matters, the probate court examines the authenticity of a will and decides who is to receive the deceased person's property. In a case of an intestacy, the court determines who is to receive the deceased's property under the law of its jurisdiction. The probate court will then oversee the process of distributing the deceased's assets to the proper beneficiaries. A 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 an executor to give an account of their actions.
In some jurisdictions (e.g. Texas) probate courts also handle other matters, such as guardianships, trusts, and mental health issues (including the authority to order involuntary commitment to psychiatric facilities and involuntary administering psychiatric medication).
An Orphans' Court was an organization established in the Chesapeake Bay American colonies during colonization. The major goal of the organization was to protect orphaned children and their right to their deceased family member's estate from claims and against abuses by stepparents and others.
Today, at least in Maryland[3][4][2] and in Pennsylvania, probate courts are still called Orphans' Courts, for historical reasons, hearing matters involving wills of deceased estates which are contested and supervising estates which are probated judicially.[5]
Register of Probateedit
A Register of Probate is an elected position in some jurisdictions in the United States, such as New Hampshire,[6] Massachusetts,[7] and Maine[8] (part of Massachusetts before 1820). Register of Wills is an elected position in jurisdictions such as Maryland.
The Registrar and staff administer the local Probate Court, typically for a given county, acting partly as public customer service and partly as clerks for the probate judge (who may or may not be elected).
List of probate courtsedit
The following is a partial list of probate courts:
Pennsylvania—Orphans' Court Division of the Court of Common Pleas,[10] Office of Register of Wills 2019-02-15 at the Wayback Machine
Texas—see Judiciary of Texas; the county court handles probate matters in most instances, but its jurisdiction may overlap with the district court. Also, in ten specific counties the Texas Legislature has established one or more Probate Courts to handle probate matters, removing them from county or district court jurisdiction.
^ abMaryland Courts, About the Orphans' Court 2017-12-12 at the Wayback Machine
^. www77.probatecourt.org. Archived from the original on 2021-12-30. Retrieved 2021-12-30.
^. Archived from the original on 2015-01-16. Retrieved 2020-06-04.
^. Archived from the original on 2013-01-22. Retrieved 2020-06-04.
^. Archived from the original on 2008-12-16. Retrieved 2008-12-21.
^"Court of Common Pleas Orphans' Court Division @ The Philadelphia Courts—First Judicial District of Pennsylvania". courts.phila.gov. Retrieved 21 March 2018.
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Court of Ordinary redirects here For courts with general jurisdiction see ordinary court This article has multiple issues Please help improve it or discuss these issues on the talk page Learn how and when to remove these template messages This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Probate court news newspapers books scholar JSTOR October 2021 Learn how and when to remove this message The examples and perspective in this article deal primarily with USA and common law jurisdictions and do not represent a worldwide view of the subject You may improve this article discuss the issue on the talk page or create a new article as appropriate December 2021 Learn how and when to remove this message Learn how and when to remove this message Look up probate court in Wiktionary the free dictionary A probate court sometimes called a surrogate court is a court that has competence in a jurisdiction to deal with matters of probate and the administration of estates 1 In some jurisdictions such courts may be referred to as Orphans Courts 2 or courts of ordinary In some jurisdictions probate court functions are performed by a chancery court or another court of equity or as a part or division of another court Probate courts administer proper distribution of the assets of a decedent one who has died adjudicates the validity of wills enforces the provisions of a valid will by issuing the grant of probate prevents malfeasance by executors and administrators of estates and provides for the equitable distribution of the assets of persons who die intestate without a valid will such as by granting a grant of administration giving judicial approval to the personal representative to administer matters of the estate In contested matters the probate court examines the authenticity of a will and decides who is to receive the deceased person s property In a case of an intestacy the court determines who is to receive the deceased s property under the law of its jurisdiction The probate court will then oversee the process of distributing the deceased s assets to the proper beneficiaries A 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 an executor to give an account of their actions In some jurisdictions e g Texas probate courts also handle other matters such as guardianships trusts and mental health issues including the authority to order involuntary commitment to psychiatric facilities and involuntary administering psychiatric medication Contents 1 Orphans Court 2 Register of Probate 3 List of probate courts 3 1 England and Wales 3 2 State courts of the United States 3 3 Canada 4 ReferencesOrphans Court editAn Orphans Court was an organization established in the Chesapeake Bay American colonies during colonization The major goal of the organization was to protect orphaned children and their right to their deceased family member s estate from claims and against abuses by stepparents and others Today at least in Maryland 3 4 2 and in Pennsylvania probate courts are still called Orphans Courts for historical reasons hearing matters involving wills of deceased estates which are contested and supervising estates which are probated judicially 5 Register of Probate editA Register of Probate is an elected position in some jurisdictions in the United States such as New Hampshire 6 Massachusetts 7 and Maine 8 part of Massachusetts before 1820 Register of Wills is an elected position in jurisdictions such as Maryland The Registrar and staff administer the local Probate Court typically for a given county acting partly as public customer service and partly as clerks for the probate judge who may or may not be elected List of probate courts editThe following is a partial list of probate courts England and Wales edit Prerogative court former Court of Probate former High Court of Justice Family Division current State courts of the United States edit California Superior Court Connecticut Connecticut Probate Courts a system of 54 probate court districts Delaware Office of Register of Wills District of Columbia Superior Court of the District of Columbia Probate Division Florida Florida Circuit Court County Comptroller s Office Georgia Probate Court formerly known as the Court of Ordinary judge formally known as ordinary Maryland County Orphans Courts 5 Office of Register of Wills Massachusetts Probate and Family Court Register of Probate Michigan County Probate Courts 9 Missouri conducted by Circuit Courts some of which have separate probate divisions Office of Public Administrator New Hampshire New Hampshire Probate Court New Jersey New Jersey Superior Court Chancery Division Probate Part Surrogate s Court judges known as surrogates Surrogate s Office New York New York Surrogate s Court judges known as surrogates Ohio conducted by Courts of Common Pleas Family and Probate Divisions Probate Court Pennsylvania Orphans Court Division of the Court of Common Pleas 10 Office of Register of Wills Archived 2019 02 15 at the Wayback Machine Texas see Judiciary of Texas the county court handles probate matters in most instances but its jurisdiction may overlap with the district court Also in ten specific counties the Texas Legislature has established one or more Probate Courts to handle probate matters removing them from county or district court jurisdiction Vermont Probate Courts one in each of Vermont s 14 counties Virginia Virginia Circuit Court Canada edit New Brunswick Probate Court of New Brunswick Nova Scotia Probate Court of Nova Scotia All other provinces are constitutionally required to process probate through their superior courts as per section 96 of the Constitution 1867 11 References edit SURROGATE S COURT PDF ww nycourts gov Archived from the original PDF on 16 May 2017 Retrieved 17 May 2017 a b The History of the Orphans Court in Maryland Maryland Courts https mdcourts gov sites default files import orphanscourt pdfs ocjudgesregisters pdf bare URL PDF Orphans Court Maryland Courts a b Maryland Courts About the Orphans Court Archived 2017 12 12 at the Wayback Machine Probatecourt org www77 probatecourt org Archived from the original on 2021 12 30 Retrieved 2021 12 30 A Look at the Bottom of the Ballot Register of Probate WGBH News Archived from the original on 2015 01 16 Retrieved 2020 06 04 Washington County Probate Court Archived from the original on 2013 01 22 Retrieved 2020 06 04 Local Trial Court Links Archived from the original on 2008 12 16 Retrieved 2008 12 21 Court of Common Pleas Orphans Court Division The Philadelphia Courts First Judicial District of Pennsylvania courts phila gov Retrieved 21 March 2018 Captcha canlii org Retrieved 21 March 2018 Retrieved from https en wikipedia org w index php title Probate court amp oldid 1109197082 Register of Probate, wikipedia, wiki, book, books, library,
