Probate Court: Definition, Historical Origins, Key Functions, How it Works and When You Need It

A probate court has jurisdiction to administer the estates of deceased persons and all related matters. In some jurisdictions, probate courts may be separate from the other courts, whereas in other jurisdictions, district courts and other courts have jurisdiction in dealing with probate matters. In addition to handling the administration of estates, probate courts can handle trusts, guardianships, mental health issues, and taxation matters. 

What is Probate Court

A probate court is a specialized court that deals with distributing the deceased’s assets. Probate courts are usually located in the different counties of the states of the United States. The probate proceedings of a decedent are instituted in the probate court in the county where the decedent was residing at the time of death. 

What Does Probate Court Deal With?

The probate court administers the deceased’s estate, resolves disputes related to the validity of the will and disputes between beneficiaries and interested parties, creates and dissolves trusts, appoints conservators and guardians, oversees the filing of estate tax returns, reviews and approves accounting reports, and authorizes the sale of estate assets. 

What Does Probate Mean in Court?

Probate in court is the legal process of validating a will and distributing the deceased person’s assets. It involves proving the will’s authenticity, identifying the beneficiaries, and ensuring that the decedent’s assets are distributed according to the provisions in the will. 

Why Do You Need to Probate?

You need probate to ensure order and legitimacy in handling the affairs of the decedent’s estate. Probate ensures:

1. The will is valid
2. The assets of the decedent are dealt with as provided in the will,
3. The creditors of the decedent are paid the amounts owed to them.
4. The debtors of the decedent pay their debts.
5. The assets and property of the decedent are appropriately managed.
6. The minor children and pets are well cared for. 

How Does Probate Court Work?

The probate court works as follows:

1. Filing of a petition by an administrator and executor
2. We identify and inventory the decedent’s assets, such as personal property, bank accounts, investments, and real estate.
3. You are appraising assets to determine their market value.
4. Paying off the estate taxes and debts
5. We are distributing the decedent’s assets according to the will or as ordered by the probate court in instances of intestacy.
6. Closing the estate once all assets have been distributed and the final accounts have been filed, the executor or administrator files a petition with the court to close the estate. The court approves, and the estate is officially closed. 

What Types of Cases Are Heard in Probate Court?

The cases heard in probate courts may vary from one state to another, depending on their laws. Generally, the cases that are heard in probate court include:

1. Will contests

These are heard when disputes exist regarding the validity of a will or in cases of intestacy, where there are disputes over who should inherit a particular asset. 

2. Administration of estates

The probate court validates the will in cases where the decedent died having written a will. In intestacy, the court determines the rightful heirs and supervises the distribution of their assets.

3. Trust Administration

The court may oversee trust creation, amendment, and termination if their original purpose has become unnecessary. 

4. Guardianship Disputes

The probate court may be involved in appointing guardians for your minor children, resolving disputes among guardians, and demoting someone from being a guardian in the child’s best interests. 

5. Additional cases

The probate court may oversee the filing of estate tax returns, review and approve accounting reports from executors, administrators, or conservators, and authorize the sale of assets.

What Happens During Probate Court?

During probate court, a petition is filed; after the petition is filed, a notice of hearing is published in a newspaper a minimum of three times. After the hearing notice expires, the first hearing is conducted whereby an executor, personal representative, or administrator is appointed. The appointed administrator must post a surety bond to ensure that they execute their fiduciary responsibilities entirely and adequately. Consequently, the will is validated, assets are collected, creditors are paid, and a second hearing is conducted to decide on the estate’s distribution.

Once the decision has been made, the decedent’s assets are distributed as ordered, estate taxes are paid, and the estate is closed off. 

What Happens at a Probate Court Hearing?

During the first probate hearing, the court determines who will be the executor is appointed under the will, or the court chooses an executor or personal representative in instances the decedent did not nominate an executor under a will or in instances they died intestate. In subsequent hearings, the court will validate the will, and the administrator shall collect the assets and pay debtors. After this process, depending on whether the decedent died testate or intestate, the subsequent hearing will involve the probate judges deciding on the final distribution of the estate.  

How Does the Probate Court Validate the Will?

The probate court validates a will by trying to establish whether the will was signed and dated by the decedent and whether the will was witnessed and signed by two or more witnesses who were present at the time of signing the will.

When the will is handwritten, the probate court validates the will by proving whether the handwriting is that of the decedent and whether the decedent wrote and dated the will. The court demonstrates that the handwriting is that of the testator by requiring someone known to the decedent to sign a sworn statement. 

Is a Lawyer Needed for Probate Court?

Yes, a lawyer is needed to represent the decedent’s estate in probate court. The lawyer will help file the petition and the necessary documents, represent the estate in the probate hearing, guide the executor and administrators through the probate process, represent beneficiaries and other interested persons, such as creditors, and provide general guidance. 

Which Probate Documents CheckList are Required to Initiate a Probate?

The documents required depend on the extent of the deceased’s estate and whether the decedent died, leaving a will or not. Sometimes, it may be hard to determine whether the decedent died, leaving behind a will or not. How to find out if someone has a will is by checking the probate records with the clerk of the court and the financial institutions that the decedent banked with.  The documents required include:

1. Last Will and Testament: where the deceased left a will.
2. Death Certificate: of the decedent.
3. Contact Information of the executor and and beneficiaries.
4. Contracts entered into by the deceased.
5. Life Insurance Policies
6. Pre-Nuptial and Post-Nuptial Agreements.
7. A list of the decedent’s assets.
8. A list of the decedent’s liabilities.
9. Real Estate Deeds and Title Deeds
10. Business Contracts include Partnership Deeds, Buyout Agreements, and Share Transfer Deeds.
11. Loan Agreements
12.  List of Funeral and Medical Expenses. 

How Long Does Probate Take?

The average probate process takes 6 months to 18 months. However, the length of the probate process may be prolonged by having complex assets to be managed and distributed, the executor or beneficiaries not starting the petition process on time, the decedent having more debts than assets, the decedent dying intestate, disputes between family members and beneficiaries and assets being situated in more than one state or jurisdiction. 

Why Does Probate Court Take So Long

Probate court takes little time. The length of the probate process depends on several factors. They include:

1. The complexity of the estate. The probate process may be lengthy when an estate has complex assets such as patents, digital assets, and business interests. 
2. Where the decedent dies without a will.
3. The time the executor and any other beneficiary takes to file the petition. 

What Is the Cost of Probate Court

The cost of probate court includes filing fees, publication fees, attorney fees, and executor fees. The estate’s complexity, the probate process’s length, and the attorney fees determine the cumulative cost of probate court. When the beneficiaries and other interested parties file disputes in court, the cost of probate may be more expensive. That means probate costs by state may vary. 

Do You Have to Go to Probate Court When Someone Dies?

No, you do not have to go to probate court when someone dies. The decision to go to probate court depends on whether the decedent died, leaving a will or not. When a person dies without leaving a will, it does not automatically mean that the executor and the beneficiaries should go to probate court. There are instances where a person dies without a will but has created a living trust; their assets were gifted during their lifetime and left payable on death designations. 

How Do You File an Objection in Probate Court?

Depending on the state laws where the probate proceedings are ongoing, you can file an objection using the forms available on the probate court website or the prerequisite forms contained in the statutes. You file an objection when there are forgery claims or tampering with the will. 

What Challenges Arise During Probate Without a Will?

When a deceased passes away intestate—that is, without a will—probate may become necessary. This process is especially relevant when probate is required because the deceased has not established any living trusts or left instructions that circumvent the need for probate. The range of beneficiaries and interested parties can vary, each influenced by their specific stakes in the estate. Other potential challenges that may arise include:

1. Rife between family members and beneficiaries.
2. The process may take longer.
3. Increased costs because of a lengthy process.
4. There may be delayed distribution of the assets of the deceased. 

How Does Probate Work in Massachusetts?

In Massachusetts, the probate process is necessary for both persons who die with a will and those who die intestate. The decedent’s estate should be probated within three years after death. The process is instituted by an executor or a beneficiary of the decedent’s estate. Probate court in Massachusetts is conducted in the probate courts in the counties in Massachusetts. 

How Does Connecticut Probate Work?

In Connecticut, the probate process is necessary for estates valued at $40,000. The timeline for probate varies depending on the size of the estate, its complexity, and whether there are disputes surrounding it. Probate court in Connecticut is conducted in the probate courts in the counties in Connecticut. The statutes governing probate in Connecticut are found under Title 45a. 

How Does California Probate Court?

The probate process in California is found in the California Probate Code. Estates below $166,250 can expedite the process by an affidavit as they qualify as small estates. California does not have a separate court for probate matters, except for the San Francisco Superior Court, which has a specialized department for the San Francisco probate court. A personal representative institutes the probate process. 

How to Avoid Probate Court

Automatically, you can avoid probate court by the deceased’s estate being below a specific value as state estate laws require. Additionally, you can avoid probate by creating a living trust by which the assets of the trust transfer directly to the beneficiary after the death of the decedent. Assets placed on a payable basis upon death shall be transferred directly to the beneficiary with probate.