probate court

Probate Court is a court found in some jurisdictions which is primarily concerned with the proper distribution of the assets of a decedent. Probate Court exists to determine the validity of wills, enforce the provisions of valid wills, to prevent malfeasance by executors and administrators of estates, and to provide for an equitable distribution of the assets of persons who die intestate (without a valid will). In other jurisdictions these functions are performed by Chancery Court or another Court of Equity. Probate Courts may also deal with conservatorships, guardianships, name changes, marriages, and adoptions.

The probate court can be petitioned by interested parties in an estate, such as when a beneficiary feels that an estate is being mishandled. The court has the authority to compel the executor to give an account of his actions.

The judge of a probate court is sometimes known by another name, in accordance with the jurisdiction's historical tradition. In New York, the court with jurisdiction over probate matters is the Surrogate's Court and the judge is the Surrogate. In Georgia the Probate Court was formerly known as the court of ordinary and the judge was the ordinary.

• What is Probate? How long does it take?

Denver Probate Court Sometimes referred to as the 24th Judicial District, encompasses all of the City and County of Denver, which serves a population of over 554,600. The Colorado Constitution Article VI § 9(3) created the Denver Probate Court and defines its jurisdiction. The Probate Court has exclusive jurisdiction over "all matters of probate, settlements of estates of deceased persons, appointment of guardians, conservators and administrators, and settlement of their accounts, the adjudication of the mentally ill, and such other jurisdiction as may be provided by law…”
Jurisdiction •Matters of probate include trusts, which are governed by Article 1 of Title 15 of the CRS, and powers of appointment, which are governed by Article 2 of Title 15 of the CRS.
•The settlement of estates of deceased persons is governed by Articles 10-13 of Title 15 of the CRS.
•The appointment of guardians and conservators is governed by Article 14 of Title 15 of the CRS.
•Although the Probate Court no longer adjudicates persons as mentally ill, the Court does review requests to terminate Certification for Treatment by a mental health professional. Article 10 of Title 27 of the CRS governs these and other related matters.

• More information on Denver Probate Court

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