Probate Courts

Probate courts are considered as the workhorses of judiciary system. The money for operating probate courts is financed by the general fund of the county where it is situated. However, major part of this amount is returned by the courts via collected fees and costs.

The legal authority of probate court ranges from providing wedding certificates to the administering of testamentary trusts. Some of the prominent duties of probate courts include:

Estate Administration- Probate courts control the transition of decedent’s estate to entitled recipients and heirs. To complete this task, the court appoint a personal representative who is responsible for collecting the assets, paying off liens, and thereafter distributes the remained estate to entitled receivers. All the actions of representative are supervised by the court through a bond and number of documents. These documents include an inventory of the estate assets and an accounting.  

Wills- Probate courts are responsible for wills. The will can be kept safely in the probate court by paying a nominal fee prior to the death of the testator. After the death of the testator, the court admits the will to the probate. In a case that the will is contested, the court conducts a trial to decide the validity of the will.  

Guardianship- After proper hearing and investigation, a guardian can be appointed by the court for a minor or incapacitated person. Thereafter, the appointed guardian is responsible for taking personal and/or financial decision on behalf of the ward. However, various rights and protections are kept secured to safeguard against an unnecessary or ineffective guardianship. 

Adoptions- It is essential to take the approval of the probate court prior to the finalization of adoption. Person or persons wiling to adopt require to submit detailed information about their living environment by professionally trained personnel. It is required to ensure their suitability as parents.

Registrations and Corrections- in a case a birth is not recorded or if a birth certificate is lost, destroyed or wrongly recorded, then in that situation, the probate court has authority to record or correct the certificate.

Changes of Name- For the legal change of name, applications are submitted in the probate court. To accomplish this, the court publishes the notice and conducts hearing, after that if court finds a reasonable and proper cause behind the name changing then a name change may be granted.  

Wedding Certificates- Probate courts have proper authority to issue wedding certificates.

Testamentary and Inter Vivo Trusts- It is the responsibility of the probate court to ensure that all the terms relating to testamentary trusts are fully met via infrequent accounting to the court.

Thus, these are few prominent operations of probate courts. In this way these courts play a vital role in making some of the very important decisions of the people.