A specialized court with jurisdiction over the administration of deceased persons' estates, validation of wills, appointment of executors and administrators, guardianship matters, and sometimes conservatorships. Also called Surrogate's Court, Orphans' Court, or Chancery Court depending on jurisdiction.
Probate court is the specific court that deals with dead people's estates. When someone dies and their will needs to be approved, or when someone needs to be appointed to manage an estate, you go to probate court. It's also where guardianship cases for incapacitated adults and minors are handled.
⏱ When you'll encounter this term
- Applying for probate or letters of administration
- Contesting a will or challenging an executor
- Filing guardianship applications
- Resolving disputes about estate distribution
"After Dad died, we had to file his will with the probate court to get me officially appointed as executor. The whole process took about three months from filing to receiving the grant of probate."
⚖️ Compare: Probate Court vs Regular Court
Specialized court handling only estates, wills, guardianships. Judges have expertise in estate law and procedures specific to probate matters.
General jurisdiction court handling all types of civil matters. Probate may be handled as a division within general civil court in some jurisdictions.
💡 Did you know?
Different jurisdictions use different names for probate court. In New York, it's called Surrogate's Court; in Pennsylvania, it's Orphans' Court; and in many states, it's simply Probate Court or a division of the Circuit or District Court.