Probate Court Jurisdiction

By Teo Spengler

No one court does it all. Each court only has authority to handle cases that fall within its jurisdiction as determined by state or federal laws. State probate courts generally have jurisdiction to handle matters relating to the administration of wills and trusts, but some states authorize them to adjudicate other types of cases as well.

No one court does it all. Each court only has authority to handle cases that fall within its jurisdiction as determined by state or federal laws. State probate courts generally have jurisdiction to handle matters relating to the administration of wills and trusts, but some states authorize them to adjudicate other types of cases as well.

Probating Wills

Probate courts are best known for their role in administering estates in a court-supervised process termed probate. An estate may end up in probate court when a person dies whether or not he left a will. The court works with an executor or personal representative of the deceased to see that estate assets are collected, debts are paid and remaining property distributed according to the terms of the will, or intestate laws, if there is no will.

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Other Probate Court Functions

Probate courts generally handle all matters relating to estates and trusts, but state laws can expand their jurisdiction to include diverse other topics. In some states, probate judges determine competency issues, appoint guardians and conservators, terminate parental responsibility, hear paternity claims, grant name changes and even assist persons with passport issues.

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What Are the Requirements for Settling an Inheritance?

References

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What Form Do I Use in Probate for Final Accounting?

The probate final accounting is the last step to close the estate and distribute assets to the estate heirs and pay the creditors who have filed legitimate claims. The process for the final accounting varies somewhat among the states so the required forms vary as well. Good record keeping is necessary for an accurate final accounting. An accurate and complete final accounting form assures both the probate heirs and the probate court that all assets have been accounted for and distributed properly.

How to End Probate

When a person dies, his estate falls into probate. A probate court oversees the distribution of the estate assets, with or without a will. If no estate executor is named in a will, the probate court appoints an estate administrator, such as the surviving spouse. Probate can take several months or even years to close. The best way for an estate executor or administrator to end probate is to provide the court with all the documentation needed, as soon as possible.

Where to File Probate Wills in Texas

Probate is a process where a court or administrative body oversees the administration of a person’s estate upon that person’s death. A testator is a person who drafts a will. Once the testator dies, the law refers to that person as a decedent. In Texas, the executor of a will must file for probate in the court that has jurisdiction to hear probate matters, which depends on where the decedent resided.

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