{"id":287053,"date":"2016-04-04T11:02:20","date_gmt":"2016-04-04T16:02:20","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/estate\/probate\/probate-courts-laws.html"},"modified":"2025-07-24T10:58:00","modified_gmt":"2025-07-24T15:58:00","slug":"probate-courts-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/estate\/probate\/probate-courts-laws.html","title":{"rendered":"What Is Probate Court?"},"content":{"rendered":"\n
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What Is Probate Court?<\/h1>\n\n
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\n By Oni Harton, J.D.<\/a> | Legally reviewed by Aisha Success, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Probate court is the place where the legal process of validating a will and distributing a deceased person’s estate takes place.<\/p>\n\n <\/div>\n\n\n\n

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Questions regarding “probate<\/a>” come up often in the world of estate planning. Most of the conversation focuses on how to\u00a0avoid<\/i>\u00a0probate. Depending on your case, strategies for “avoiding probate” may be extremely useful or completely unnecessary. For more on this, see\u00a0Avoiding Probate FAQs<\/a>.<\/p>\n

This article explains the most basic features of\u00a0probate<\/a>. It also provides a state-by-state guide to probate courts across the country.<\/p>\n

What Is Probate?<\/h2>\n

Probate has two meanings. Technically, it refers to the legal process of making sure a last will and testament is\u00a0valid<\/a>. It also refers to the\u00a0general process of distributing a deceased person’s estate<\/a>\u00a0(estate administration).<\/p>\n

The distribution of the decedent’s property in the probate estate takes place under the supervision of a probate court. It is carried out by a person known as the decedent’s\u00a0personal representative<\/a>.<\/p>\n

If the representative is nominated in the decedent’s will, they are sometimes known as an executor. If appointed by the probate court without\u00a0a will<\/a>, they are sometimes called an administrator. The executor or personal representative owes a\u00a0fiduciary duty<\/a>\u00a0to the estate and, therefore, the named beneficiaries.<\/p>\n

If a valid will exists, the terms of the will control the distribution of probate assets. If a\u00a0will does not exist<\/a>, probate is carried out according to\u00a0state laws of intestate succession<\/a>\u00a0in the state’s probate code.<\/p>\n

There is also the possibility that a small estate procedure can apply to the estate. States have\u00a0small estate procedures<\/a>\u00a0for estates not exceeding a certain amount. One small estate procedure involves the transfer of property by affidavit.<\/p>\n

The\u00a0probate process<\/a>\u00a0normally includes the following steps:<\/p>\n