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Simple English definitions for legal terms
probate court
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A quick definition of probate court:
A probate court is a special court that deals with things that happen when someone dies. It helps make sure that the person's things, like their money and property, are given to the right people. If the person had a plan for who should get their things, the probate court makes sure that plan is followed. If the person didn't have a plan, the probate court decides who should get their things. The probate court also helps decide who should take care of someone who can't take care of themselves anymore.
A more thorough explanation:
A probate court is a type of court that deals with legal matters related to a person's death. This court has limited jurisdiction, which means it only handles specific types of cases.
For example, probate courts oversee the distribution of a deceased person's assets according to their will. If the person did not have a will, the court will direct the distribution of their assets. Some probate courts also handle cases where someone is declared incompetent and needs a guardian or conservator.
Each state and local area has its own laws that govern probate courts. Some places have surrogate courts instead of probate courts.
Here are some examples of cases that a probate court might handle:
- Distributing a deceased person's assets according to their will
- Deciding how to distribute a deceased person's assets if they did not have a will
- Appointing a guardian or conservator for someone who is declared incompetent
These examples illustrate how a probate court deals with legal matters related to a person's death. The court's role is to ensure that the deceased person's assets are distributed according to their wishes or the law, and that someone is appointed to care for an incompetent person if necessary.