Probate court is where estates are settled. Here is how it works, what happens there, and what heirs should expect.
Probate court is a specialized division of the state court system that oversees the administration of deceased persons' estates. Its functions include validating wills, appointing executors, supervising payment of debts and taxes, and authorizing asset distribution. The name varies by state — Surrogate's Court (NY), Orphans' Court (PA, MD), or a division of the general trial court.
Will validation. The court examines whether the will meets legal requirements — proper signatures, witnesses, and sound mind.
Executor appointment. The court formally appoints the executor and issues "letters testamentary" — legal authority to act on behalf of the estate.
Oversight. The court monitors administration, reviewing inventories, accountings, and distribution plans.
Dispute resolution. Will contests, creditor claims, and executor misconduct are all resolved here.
As an heir, you generally don't need to appear unless there's a dispute or the court requests your presence. The executor handles most court interactions. You do have the right to attend any hearing and review filings.
Processing times vary by jurisdiction. Urban courts with heavy caseloads may have longer wait times. The probate timeline estimator can help estimate your timeline.
Disclaimer: This page is for general informational purposes only and does not constitute legal, financial, or tax advice. Probate laws, timelines, and costs vary significantly by state and by individual circumstances. We strongly encourage you to consult with a qualified attorney or financial advisor for guidance specific to your situation. First Heritage Funding is not a law firm and does not provide legal services.
No. Each state has its own laws, court structure, and procedures. Thresholds, fee structures, and timelines all vary.
Yes, in most states probate records are public. Anyone can access the will, inventory, and distribution details.
Yes — see our guide on what executors can and cannot do.
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