Probate Court

Probate court oversees how a deceased person’s property is divided in accordance with the decedent’s will, state probate laws, or some combination of the two. These courts can also be involved in the administration of a conservatorship or guardianship for an individual who is still living but is incapacitated and unable to make medical and legal decisions for themselves.

What is probate court?

When a person dies, there can be disputes related to the terms outlined in a will, debts incurred by the decedent, and the authenticity and validity of the will itself. In other cases, no verifiable will is available to determine how the deceased person’s assets will be divided and who their proper beneficiaries are.

All of these situations would typically be resolved by probate lawyers or the decedent’s personal representatives in the probate court, which is overseen by the probate judge of the state or region overseeing the administration of the decedent’s estate.

The person serving as probate judge can vary from place to place—some states elect regional probate judges, while others defer the responsibility to clerks of superior courts or the superior court judges themselves. If you are entering into the probate process, be sure to look up who oversees the court in your jurisdiction.

LegalZoom has a comprehensive guide to probate court that can help answer all your questions about what to expect from the process and what you should know if you are settling your loved one’s estate.

FAQs

How much does probate court cost?

Costs for probate court can vary substantially, and are based on the size and complexity of the estate along with the number of attorneys working on the case, their respective rates, and various court filing fees. Many probate attorneys include a percentage of the estate’s value as part of their fee for this type of work either in place of or in addition to an hourly rate or flat fee.

How long does probate court take?

Similar to cost estimates, it can be difficult to know exactly how long it will take to navigate probate matters. Simpler estates are usually settled in a matter of weeks or months, while more complex estates can take several years to settle.

Can you avoid probate court?

There are many tools available to make the probate court process simpler or avoid it altogether. Using living trusts and sharing accounts jointly or naming beneficiaries to your accounts allow those assets to pass on to your beneficiaries without going to court, and land or other real estate assets can be transferred using either joint ownership with rights of survivorship or a transfer-on-death deed.