Legal Definitions - surrogate court

A Surrogate Court is a specialized court that handles legal matters related to the estates of deceased individuals. Its primary responsibilities include the validation and administration of wills, the distribution of assets to beneficiaries, and the appointment of guardians for minors or incapacitated adults, especially when an inheritance is involved. This court also oversees cases where a person dies without a will (a situation known as intestacy) and manages any unclaimed property belonging to the deceased. In many jurisdictions, a Surrogate Court is also referred to as a probate court.

• Example 1: Validating a Will and Distributing an Estate

  After Mr. Henderson passed away, his will named his daughter, Sarah, as the executor. Sarah needs to formally present the will to the Surrogate Court to prove its validity and receive official authorization. This authorization allows her to gather Mr. Henderson's assets, pay any outstanding debts, and then distribute the remaining property to the beneficiaries as outlined in the will.

  This example illustrates how a Surrogate Court is responsible for the administration of wills and the orderly distribution of a deceased person's assets according to their wishes.

• Example 2: Appointing a Guardian for a Minor

  When a young couple tragically died, leaving behind their 8-year-old son and a substantial life insurance payout, their extended family needed to go to Surrogate Court. The court was asked to formally appoint the boy's aunt as his legal guardian, giving her the authority to manage his inherited funds and make important decisions about his upbringing and welfare until he reaches adulthood.

  This demonstrates the Surrogate Court's role in establishing guardianships, particularly when minors inherit property or require legal representation for their personal and financial well-being.

• Example 3: Handling an Estate Without a Will

  Ms. Chen, a single woman with no immediate family, passed away unexpectedly without having created a will. Her distant relatives were unsure how to access her bank accounts or sell her apartment. The Surrogate Court would step in to determine who her legal heirs are according to state law, appoint an administrator to manage her estate, and oversee the proper distribution of her assets to those heirs.

  This scenario highlights the Surrogate Court's function in managing the estates of individuals who die without a will (intestacy) and ensuring their property is distributed legally, even when there are no clear instructions from the deceased.