Surrogate Court
Encyclopedia
A probate court is a specialized court
that deals with matters of probate
and the administration of estates
.
Probate courts administer proper distribution of the asset
s 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 executor
s 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.
colonies during colonization. The major goal of the organization was to protect orphan
ed 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.
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
that deals with matters of probate
Probate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
and the administration of estates
Administration of an estate on death
In English law, Administration of an estate on death arises if the deceased is legally intestate. In United States law, the term Estate Administration is used....
.
Probate courts administer proper distribution of the asset
Asset
In financial accounting, assets are economic resources. Anything tangible or intangible that is capable of being owned or controlled to produce value and that is held to have positive economic value is considered an asset...
s of a decedent
Death
Death is the permanent termination of the biological functions that sustain a living organism. Phenomena which commonly bring about death include old age, predation, malnutrition, disease, and accidents or trauma resulting in terminal injury....
(one who has died), adjudicates
Adjudication
Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved....
the validity of wills
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
, enforces the provisions of a valid will (by issuing the grant of probate
Probate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
), prevents malfeasance
Malfeasance
The expressions misfeasance and nonfeasance, and occasionally malfeasance, are used in English law with reference to the discharge of public obligations existing by common law, custom or statute.-Definition and relevant rules of law:...
by executor
Executor
An executor, in the broadest sense, is one who carries something out .-Overview:...
s and administrators of estates
Estate (law)
An estate is the net worth of a person at any point in time. It is the sum of a person's assets - legal rights, interests and entitlements to property of any kind - less all liabilities at that time. The issue is of special legal significance on a question of bankruptcy and death of the person...
, 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
Letters of Administration
Letters of Administration are granted by a Surrogate Court or probate registry to appoint appropriate people to deal with a deceased person's estate where property will pass under Intestacy Rules or where there are no executors living having been validly appointed under the deceased's will...
giving judicial approval to the personal representative
Personal representative
In common law jurisdictions, a personal representative is the generic term for an executor for the estate of a deceased person who left a will or the administrator of an intestate estate. In either case, a surrogate court of competent jurisdiction issues a finding of fact, including that a will...
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
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
. 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
Chancery Court
The Chancery Court of York is an ecclesiastical court for the Province of York of the Church of England.The presiding officer, the Official Principal and Auditor, has been the same person as the Dean of the Arches since the nineteenth century . The Court comprises the Auditor, two clergy and two...
or another court of equity
Court of equity
A chancery court, equity court or court of equity is a court that is authorized to apply principles of equity, as opposed to law, to cases brought before it.These courts began with petitions to the Lord Chancellor of England...
.
The surrogate court can be petitioned by interested parties in an estate, such as when a beneficiary
Beneficiary
A beneficiary in the broadest sense is a natural person or other legal entity who receives money or other benefits from a benefactor. For example: The beneficiary of a life insurance policy, is the person who receives the payment of the amount of insurance after the death of the insured...
feels that an estate is being mishandled. The court has the authority to compel the executor
Executor
An executor, in the broadest sense, is one who carries something out .-Overview:...
to give an account of his actions.
The Orphan's Court
The orphan's court was an organization established in the Chesapeake BayChesapeake Bay
The Chesapeake Bay is the largest estuary in the United States. It lies off the Atlantic Ocean, surrounded by Maryland and Virginia. The Chesapeake Bay's drainage basin covers in the District of Columbia and parts of six states: New York, Pennsylvania, Delaware, Maryland, Virginia, and West...
colonies during colonization. The major goal of the organization was to protect orphan
Orphan
An orphan is a child permanently bereaved of or abandoned by his or her parents. In common usage, only a child who has lost both parents is called an orphan...
ed 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
- England and WalesEngland and WalesEngland and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
- Prerogative courtPrerogative courtA prerogative court is a court through which the discretionary powers, privileges, and legal immunities reserved to the sovereign were exercised. In England in the 17th century a clash developed between these courts, representing the crown's authority, and common law courts. Prerogative courts...
- former - Court of ProbateCourt of ProbateThe Court of Probate was created by the Court of Probate Act 1857, which transferred the jurisdiction of the ecclesiastical courts in testamentary matters to the new court so created....
- former - High Court of JusticeHigh Court of JusticeThe High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
Family Division - current
- Prerogative court
- United StatesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
(state courts)- California Superior Court
- ConnecticutConnecticutConnecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
- Connecticut Probate CourtsConnecticut Probate CourtsThe Connecticut Probate Court system is a system of 54 individual probate courts located throughout the state of Connecticut. The jurisdiction of each court extends to the legal affairs of the deceased, estates, some aspects of family law, conservatorship, and several other matters requiring...
(a system of 54 probate court districts) - District of Columbia - Superior Court of the District of ColumbiaSuperior Court of the District of ColumbiaThe Superior Court of the District of Columbia is the local trial court for the District of Columbia. It hears cases involving criminal and civil law. The court also handles specialized cases in the following areas: family court, landlord and tenant, probate, tax, and traffic offenses...
, Probate Division - GeorgiaGeorgia (U.S. state)Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
- Court of Ordinary (judge known as ordinary) (former) - MissouriMissouriMissouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...
- conducted by Circuit CourtsMissouri Circuit CourtsThe Missouri Circuit Courts are the state trial courts of original jurisdiction and general jurisdiction of the state of Missouri.-Jurisdiction:The Missouri Constitution provides for the Circuit Courts in Article V, Judicial Department.-List of circuits:...
, some of which have separate probate divisions - New HampshireNew HampshireNew Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
- New Hampshire Probate CourtNew Hampshire Probate CourtNew Hampshire Probate Court in the U.S. state of New Hampshire, is the court which has jurisdiction over trusts, wills, and estates, adoptions, termination of parental rights, name changes, guardianship of incapacitated persons, guardianship of minors, partition of property and involuntary... - New JerseyNew JerseyNew Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
- New Jersey Superior CourtNew Jersey Superior CourtThe Superior Court is the state court in the U.S. state of New Jersey, with state-wide trial and appellate jurisdiction. The Superior Court has three divisions: the Appellate Division is essentially an intermediate appellate court while the Law and Chancery Divisions function as trial courts...
, Chancery Division, Probate Part - New YorkNew YorkNew York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
- New York Surrogate's CourtNew York Surrogate's CourtThe Surrogate's Court handles all probate and estate proceedings in the state of New York. All wills are probated in this court and all estates of people who die without a will are handled in this court...
(judges known as surrogates) - OhioOhioOhio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
- conducted by Courts of Common PleasOhio Courts of Common PleasThe Ohio Courts of Common Pleas are the trial courts of the state court system of Ohio.The courts of common pleas are the trial courts of general jurisdiction in the state. They are the only trial courts created by the Ohio Constitution . The duties of the courts are outlined in Article IV, Section...
, Family and Probate Divisions - VermontVermontVermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
- Probate CourtsVermont court systemThe Vermont court system is the state court system of Vermont, charged with Vermont law. All officers are considered state employees, whether elected or appointed.-Vermont Constitution:...
(one in each of Vermont's 14 countiesVermont court systemThe Vermont court system is the state court system of Vermont, charged with Vermont law. All officers are considered state employees, whether elected or appointed.-Vermont Constitution:...
)