A probate court is part of the local and/or state judicial system that is tasked with handling matters involving probate, estates, will contests, conservatorships, guardianships, and other matters that involve dissolving someone's financial life.
What you need to know
Probate courts are generally the courts involved with settling someone's financial life after they pass away.
The courts in charge of probate aren't always called a "probate court". The names can change depending on the state.
You need to speak with the local probate court of where the decease was domiciled, or permanently resided in the eyes of the state.
You can quickly find the right probate court with the Atticus Probate Court Directory
Probate courts are where the action happens around wills and after-life processes. The state has an interest in resolving disputes and getting their fair share of taxes when someone passes away, so these courts were created to facilitate those processes. Since wills, guardians, and conservators all work in and around estates, they are loosely grouped into this type of court's domain.
Some states have specific probate courts in counties. Other states have a patchwork of district and probate courts taking on these responsibilities. Other states like California lump juvenile and probate cases together into what they call the California Superior Courts. You may also see "probate courts" in "probate divisions" of "superior courts" or other types of layered names.
But, regardless of where you live, some court, somewhere, has the people you need to talk and file probate forms with.
Find your estate's local probate court with the Atticus Probate Court directory
What to do when a loved one dies
When people die, they leave behind a life that must be closed out. Don't tackle it all alone. From planning the funeral to tackling the legal & financial estate, here's an ultimate checklist of all the things an executor needs to do following the loss of a loved one.
Learn moreMark's father passed away in Illinois last month, specifically in Casey. Mark knew he needed to correspond with the place where his father was domiciled (permanently resided), so he used court directory and realized in Illinois there aren't separate probate courts — just circuit courts. He looked up local circuit courts and found they were separated by county. After confirming with his father's mail, he saw that his father technically lived in Clark County. Mark looked up Clark County Circuit Court, found the address, and dropped by to petition to become the executor of his father's estate.
In collaboration with
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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