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Probate court handles the items of the will to be sure it is honored. If the person has set up trusts, or has gifted the money in advance, etc. there is no need for probate. By following the process, you insure that all the legal requirements are met to terminate all debts. Without it the individuals that would normally be responsible for the estate may be tracked by creditors and others trying to collect debts. It also insures that property is legally transferred. If the individual had no debts, and no property, then probate isn't necessary, but still recommended to avoid any future complications.

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16y ago
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14y ago

Generally, in the United States, Probate court is a judicial branch of the trial court that has jurisdiction over estates. That includes estates of the deceased, estates of minors and estates of individuals who are incapacitated. It has authority over trust property and can render decisions affecting trusts and trust property in cases concerning improperly drafted trust instruments or incompetency by the trustee. Probate courts have the authority to render decisions to partition real property.

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8y ago

Probate court is where things such as wills and guardianships are handled.

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Q: What is probate court?
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Related questions

When was Court of Probate created?

Court of Probate was created in 1857.


When did Court of Probate end?

Court of Probate ended in 1875.


What kind of court administers wills?

Probate Court.


How can you go about filing a claim for your deceased wife estate?

Visit the probate court where she resided and inquire there.Visit the probate court where she resided and inquire there.Visit the probate court where she resided and inquire there.Visit the probate court where she resided and inquire there.


Where can you find Estate Administration and Probate of the Estate forms?

You must obtain the forms from the court where the probate will be filed.You must obtain the forms from the court where the probate will be filed.You must obtain the forms from the court where the probate will be filed.You must obtain the forms from the court where the probate will be filed.


Where can you look up a will after presented to the probate court for allowance?

The probate court clerk will have the will on file.


What can you do if you think that the probate of an estate has taken to long to settle?

File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.


Can a beneficiary ask what an estate is worth?

Yes. The beneficiary can also visit the probate court and request to see the probate file. The inventory of the estate can then be reviewed once it has been filed with the probate court.Yes. The beneficiary can also visit the probate court and request to see the probate file. The inventory of the estate can then be reviewed once it has been filed with the probate court.Yes. The beneficiary can also visit the probate court and request to see the probate file. The inventory of the estate can then be reviewed once it has been filed with the probate court.Yes. The beneficiary can also visit the probate court and request to see the probate file. The inventory of the estate can then be reviewed once it has been filed with the probate court.


What does probate court have to do in the reading of a last will?

There is no official reading of a last will required. The probate court has nothing to do with it.


Where will lawsuites concerning wills be heard?

At the Probate Court or other court of jurisdiction where the will was filed for probate.


Are probate courts in the federal court system?

No, probate courts are part of the state court system.


How does a NY resident obtain letters testamentary for a CA. deceased with no will?

You should contact the probate court in the jurisdiction where the decedent lived. Check online for the county, state + probate court.You should contact the probate court in the jurisdiction where the decedent lived. Check online for the county, state + probate court.You should contact the probate court in the jurisdiction where the decedent lived. Check online for the county, state + probate court.You should contact the probate court in the jurisdiction where the decedent lived. Check online for the county, state + probate court.