Probate court is a specialized court that oversees the legal process of managing and distributing a deceased person’s estate. Its primary role is to ensure that the deceased’s wishes, as outlined in their Will, are carried out and that their assets are distributed appropriately.
What Does Probate Court Do?
Interprets the Will:
Verifies the authenticity of the Will.
Ensures the instructions in the Will are legally enforceable.
Appoints an Executor or Administrator:
If a Will exists, the executor named in the Will is approved to manage the estate.
If no Will exists, the court appoints an administrator to oversee the estate.
Oversees Asset Distribution:
Ensures the deceased’s assets are distributed according to their Will or, if no Will exists, according to state intestacy laws.
Settles Debts and Taxes:
Confirms that all debts, taxes, and other obligations are paid before assets are distributed to heirs or beneficiaries.
Resolves Disputes:
Handles legal challenges, such as disputes over the validity of the Will or disagreements among heirs.