What is probate court?

A probate court is a specially designated state court whose main responsibility is the distribution of assets in an estate. Among the functions of probate courts are:

1.    To certify the validity of a will.

2.    To enforce provisions in a will.  This means that the court is responsible for ensuring that the wishes stated in a will are followed.

3.    To require that the executor account for how the assets have been distributed, in case a question arises.

You may have heard the term “keep my will out of probate”.  What that means is that you want to have your will written in a way that is clear and incontestable.  Without a clearly written will, the Probate Court has the power and authority to distribute your assets as determined by statute (which basically means they could ignore your wishes, if they’re not clearly stated, and instead follow the provisions set forth in the law).

An experienced Wills and Estates attorney can help guide you through the complexities of Probate Court and protect the goals you have for the distribution of your assets. Contact our office for a free consultation to help answer your wills and estates questions.