How Probate Court Works

Probate court hears cases that have to do with wills and estates. In general, probate proceedings must be filed in the county of the deceased person’s residence or where property in question is located. The probate judge is supposed to remain completely impartial during all proceedings and if there are contested issues, all parties must be present during discussions. Beyond that, certain forms must be filed depending upon the situation of the survivors and whether the deceased person left a will or not.

There are fees associated with filing court documents in probate court. Your state or local county government website will have a list of fees for various motions available. It is best to ask the probate court clerk directly about fees and procedures, though they are restricted by law from giving you legal advice.

Probate Court Procedures When a Will is Present

If the deceased person left behind a will, a Solemn Form Probate document must be filed which records the will and gives heirs who may have been left out the opportunity to contest the will. If a Common Form Probate document is filed, the procedures are the same except that potential heirs have up to four years to contest the will.

Obviously, procedures are simpler if there is a will in place with a named executor. Probate court will hardly be involved unless there is a dispute to be settled among named heirs and potential heirs.

Probate Court Procedures Without a Will

If there is no will present, the probate court guides the survivors in choosing an administrator for the estate. The court may even appoint an administrator if the heirs cannot reach an agreement. If debts are involved, those debts must either be paid or the lender must agree to release the obligation from the heirs.

The judge in probate court will decide how to divide assets fairly among the surviving heirs. Under certain circumstances, heirs may have to prove their relationship with the deceased in order to benefit from the estate.

Obtaining Public Records from Probate Court

Many of the documents regarding wills and estates are public records. These records may be obtained by request from the Register of Probate in your local county office. This person is an elected official who maintains these records and makes them available to the public during regular office hours.

Records dating back many decades (even to the mid 1600s) are available in some states for public view. Some of these records may be copied if you pay copy fees. You must ask the staff if records are open or sealed.

Resources

A detailed description of how probate court works can be found at

http://www.pcpfc.com/Self%20Help%20Center/What%20is%20Probate%20Court.htm

. While this site is specific to the workings of Plymouth County in Massachusetts, it is a good overview of the responsibilities of the Register of Probate and the functioning of probate court.

Another good general informational site is sponsored by the Judicial Branch of Georgia. It describes how probate court works in great detail. Visit

http://www.gaprobate.org/loved_one.php

to learn how to navigate the sometimes confusing probate system.