Understanding Probate »
Last updated 2/17/2010
When a person dies, a process is undertaken in which the person’s assets are accumulated, debts and taxes are paid and the remainder is distributed to beneficiaries. This process is called the administration of an estate and/or trust. When Letters of Office are needed, a court must become involved. This process is referred to as “probate.”In this memo, we generally summarize the probate process and terminology and procedures involved. Advice from a lawyer in this process is important.
THE PROBATE COURT AND ITS FUNCTIONS
The probate court is unique among courts. It has jurisdiction over the probate of wills and the administration, supervision, and settlement of estates.
The probate court provides administrative functions and services and judicial functions. Administratively, the probate court keeps a variety of records, collects assets, investigates claims, and distributes estates. Judicially, in some cases, the probate court operates like other courts with contested hearings and adverse parties. The probate court decides disputes which may arise between parties with an interest in proceedings taking place in the court (if a will is contested, for example). In other cases, there may not be a designated “other party.”