| Probate court is the office where all probate issues | | | | Estate administration: Based on the court appointed |
| are handled. The probate court handles all matters of | | | | administrator's papers of submission, the court will |
| probate, right from admitting the petition for probate | | | | identify, inventory and appraise all the properties. |
| until issuing the order for transfer of property to | | | | Guardianships of Minors or mentally ill: If the heirs are |
| heirs and beneficiaries. | | | | minors or mentally ill, the court appoints a guardian |
| In most states probate courts function exclusively. | | | | for them. |
| [In some states such as Massachusetts, Probate and | | | | General Petitions: It will review and hear when |
| Family Courts function as one unit with two | | | | needed, all the petitions involved in probate. It |
| compartments; Probate and Family Courts take up | | | | includes petition from heirs, creditors and any one |
| additional issues such as birth and death, marriage, | | | | who is involved in the process. |
| domestic violence, child abuse, adoption, separation | | | | The probate court administers, through the personal |
| and divorce, maintenance etc]. | | | | representative, the sale of real estate, tangible |
| A typical probate court has a presiding Judge, a | | | | property [vehicle, jewelry etc] and intangible property |
| supervisor and a few clerical employees. | | | | [stocks and shares, equities etc]. It records the total |
| Let us have a look at the main functions of the | | | | assets of the decedents. Let's call these total assets |
| probate court. | | | | "A". |
| The court receives the "Petition for letters of | | | | Then it oversees the payment of taxes, money etc. |
| administration" if there is no will, and "Petition for | | | | to be paid by the decedent to the government or to |
| Probate of Will and Letters Testamentary" otherwise. | | | | creditors. Let's call the total taxes and money paid to |
| These and the death certificate are submitted along | | | | creditors as "B". |
| with the prescribed fee. Probate court cases can be | | | | Then it oversees the inventory of the decedent's |
| filed with or without an attorney. | | | | remaining assets [A - B from above], validates and |
| Then the Judge conducts probate hearings, and | | | | issues an order to the personal representative to |
| issues ""letters of administration"" [or "letters" as they | | | | complete the probate. |
| are also called], to administer the estate or to admit | | | | Based on this, the personal representative disburses |
| and execute the will. | | | | the assets and obtains the Receipts and Waivers, |
| When necessary, the judge holds hearings and | | | | and files the Declaration of Completion of Probate to |
| clarifies queries raised by issuing written directions | | | | the Court. Thus concludes the probate process. |
| called ""orders"". | | | | Probate Court also provides general information on |
| Wills validation: Based on the court appointed | | | | probating process, probate records (including will and |
| executor's [or the decedent-nominated personal | | | | genealogy searches) and all other relevant information |
| representative's] papers, the court will verify whether | | | | to the end-user. |
| the will was written by the decedent himself and that | | | | Probate courts generally work from 8 AM to 5 PM on |
| all rules and ethics have been followed when | | | | all days except weekends and public holidays. |
| preparing the will. Then it will validate the will. | | | | |