A probate clerk, or probate clerk of court, is an official of the courthouse who is professionally trained to serve the public on matters related to the probate and estate settlement process.
What you need to know
Probate clerks are all-around admin support and helpers for probate judges.
Probate clerks are not allowed to give legal advice.
Executors and personal representatives will interact often with probate clerks in the local court of the deceased's domicile.
All courts have staff. Some of those staff are clerks, and therefore probate courts have probate clerks. They're professionals whose job includes helping and managing people going through the probate court office, scheduling court appointments, filing probate forms, and anything the else the judge could use some help with. They will be the lead point of contact for executors and personal representatives looking to settle an estate in a particular jurisdiction.
Mary's mother passed away in Illinois last month, specifically in Casey. Mary knew she needed to correspond with the place where her mother was domiciled (permanently resided), so she used a court directory and realized in Illinois there aren't separate probate courts — just circuit courts. She looked up local circuit courts and found they were separated by county.
After confirming her mother's address, she saw that her mother technically lived in Clark County. Mary looked up Clark County Circuit Court, found the address, and dropped by to petition to become the executor of her mother's estate.
After she dropped by, she met Jane, the probate clerk who was there to answer any questions and accept her petition for probate form.
Ben Hopf
Ben is the Founder and CEO of Atticus and frequent trust and estates contributor with specialized background in generational family wealth planning and transfers. Ben serves on the Executive Board of Directors for the Trust Education Foundation, which oversees internal & external support for the nation's only undergraduate & graduate level Trust & Wealth Management programs, offered exclusively at Campbell University.
Ben is a frequent industry speaker and author across trust, wealth management and fiduciary FinTech conversations.
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