Probate court

Probate court

A probate court (also called a surrogate court) is a specialized court that deals with matters of probate and the administration of estates.

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, a 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. In some jurisdictions, such courts are also referred to as orphans courts, or courts of ordinary. Not all jurisdictions have probate courts, in many places, probate functions are performed by a chancery court or another court of equity.

The surrogate 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 Orphan's Court

The orphan's court was an organization established in the Chesapeake Bay colonies during colonization. The major goal of the organization was to protect orphaned children and their right to their deceased family's estate from against claims and abuses by stepparents and others.

Modern-day orphan's courts are surrogate courts, hearing matters involving wills of decedents' estates which are contested and supervising estates which are probated judicially.

List of probate courts

References



Wikimedia Foundation. 2010.

См. также в других словарях:

  • probate court — n: a court that has jurisdiction over the probate of wills and administration of estates and sometimes over the affairs of minors and persons adjudged incompetent compare orphans court Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • Probate Court — Probate Pro bate, a. Of or belonging to a probate, or court of probate; as, a probate record. [1913 Webster] {Probate Court}, or {Court of Probate}, a court for the probate of wills. {Probate duty}, a government tax on property passing by will.… …   The Collaborative International Dictionary of English

  • probate court — ☆ probate court n. a court having jurisdiction over the probating of wills, the administration of estates, and, usually, the guardianship of minors and incompetents …   English World dictionary

  • probate court — noun a court having jurisdiction over the probate of wills and the administration of estates • Topics: ↑law, ↑jurisprudence • Hypernyms: ↑court, ↑tribunal, ↑judicature * * * noun 1 …   Useful english dictionary

  • Probate Court — The segment of the judicial system primarily charged with handling such matters as wills, estates, conservatorships and guardianships, as well as the commitment of mentally ill persons to institutions designed to help them. In addition, the court …   Investment dictionary

  • probate court — court which deals with wills of the deceased …   English contemporary dictionary

  • probate court — pro′bate court n. law a special court with power over administration of estates of deceased persons, the probate of wills, etc • Etymology: 1720–30 …   From formal English to slang

  • probate court — noun Date: 1786 a court that has jurisdiction chiefly over the probate of wills and administration of deceased persons estates …   New Collegiate Dictionary

  • probate court — a special court with power over administration of estates of deceased persons, the probate of wills, etc. [1720 30, Amer.] * * * …   Universalium

  • probate court — /ˈproʊbeɪt kɔt/ (say prohbayt kawt) noun a special court limited to the administration of estates of deceased persons, the probate of wills, etc …   Australian-English dictionary


Поделиться ссылкой на выделенное

Прямая ссылка:
Нажмите правой клавишей мыши и выберите «Копировать ссылку»