Courts & Types
Probate Court
Wills, estates, guardianships and conservatorships: what probate court does and how a case starts.
Local rules vary: Probate procedure differs a great deal from state to state, including small-estate shortcuts.
What probate court handles
- Validating a will and appointing an executor or personal representative
- Administering an estate when there is no will
- Guardianship of minors or adults who cannot make their own decisions
- Conservatorship over someone's finances
- Name changes in some states
Small estates
Most states offer a simplified process, sometimes just an affidavit, when the estate is below a set value. Check this first; it can save months.
Starting a case
You'll usually need the original will if there is one, a death certificate, a list of assets and debts, and the names and addresses of heirs. The court's forms page will list the petition to file.
Sources
General information, not legal advice.
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