by Michael Kilmer

Created on: February 12, 2011   Last Updated: February 14, 2011

Probate courts are specialized courts that deal specifically with matters pertaining to wills, estates, trusts, and family law matters such as guardianships and adoptions. In some jurisdictions, they have other names such as “Orphan's Court”. The law and operation of probate courts are different in each state; however, there are general functions and procedures that are similar or the same throughout the country. Probate courts are best known for the administration of the probate process, which includes the steps that must be taken in order to allow funds to be paid and property to be transferred after the death of a named party.

There is always a person in charge of the administration and distribution of the decedent's estate, not necessarily a member of the family. If there is no will, a person may petition to become the administrator of the estate. If there is a will, the will often names an executor to take this role. The administrator or executor is responsible for collecting the assets of the decedent's estate, paying debts and expenses, and distributing the estate to the proper persons, as well as contacting any parties who have an interest in the proceedings, be it for the purpose of transferring assets or to contest the will itself.

The first step is that if there is a will, it must be submitted to the court and shown to be valid. What makes a will “valid” varies from state to state. For instance, some states require a certain amount of witnesses or allow video taped wills, while others do not have these requirements. It is usually a simple matter to show validity, unless the will is challenged, which opens the door to a full range of issues. Next, the administrator or executor identifies and inventories the property of the decedent. Depending on the circumstances, this may be an exhaustive process, taking several months, or the will may have already accomplished this task. Following this, the administrator or executor has the property assessed to determine its value. With this value calculated, the administrator or executor pays the debts of the estate, as well as any estate or transfer taxes that are required to be paid by the state. These debts include funeral costs, attorney's fees, and court costs. Finally, the executor pays monies or distributes property to the beneficiaries under the will in accordance with the will, as long as there are sufficient funds, while the administrator does the same under the intestacy laws

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