Probate court

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A probate court (also called a surrogate court) is a specialized court that deals with matters of probate and the administration of estates.

Probate courts administer proper distribution of the assets of a decedent (one who has died), adjudicates the validity of wills, enforces the provisions of a valid will (by issuing the grant of probate), prevents malfeasance by executors and administrators of estates, and provides for the equitable distribution of the assets of persons who die intestate (without a valid will), such as by granting a grant of administration giving judicial approval to the personal representative to administer matters of the estate.

In contested matters, a probate court examines the authenticity of a will and decides who is to receive the deceased person's property. In a case of an intestacy, the court determines who is to receive the deceased's property under the law of its jurisdiction. The probate court will then oversee the process of distributing the deceased’s assets to the proper beneficiaries. In some jurisdictions, such courts are also referred to as Orphans' Courts, or courts of ordinary. Not all jurisdictions have probate courts, in many places, probate functions are performed by a chancery court or another court of equity.

The surrogate court can be petitioned by interested parties in an estate, such as when a beneficiary feels that an estate is being mishandled. The court has the authority to compel an executor to give an account of their actions.

The Orphans' Court

The Orphans' Court was an organization established in the Chesapeake Bay colonies during colonization. The major goal of the organization was to protect orphaned children and their right to their deceased family member's estate from claims and against abuses by stepparents and others.

Modern-day Orphans' Courts are surrogate courts, hearing matters involving wills of decedents' estates which are contested and supervising estates which are probated judicially.

List of probate courts

England and Wales

United States (state courts)


  • New Brunswick – Probate Court of New Brunswick
  • Nova Scotia – Probate Court of Nova Scotia
  • All other provinces are constitutionally required to process probate through their superior courts as per section 96 of the Constitution, 1867.[2]