Surrogate’s Court

Surrogate’s Court

Introduction to Surrogate’s Court

Surrogate’s Court, in the judicial system of the United States court having jurisdiction primarily over matters relating to the administration of the estates of decedents (see Decedent). The judicial officer of the court is known as a surrogate. In some states of the U.S., such a court is known as a probate court or an orphan’s court. In many states the appointment of guardians of the person and property of minors and jurisdiction over adoption proceedings is lodged with the surrogate. Decedents may have disposed of their property by will, or they may have died intestate, without making any disposition of their property. If a will has been left, proceeding to probate the will is commenced by the filing of a petition.

Probate consists of establishing to the satisfaction of the court the proper execution of the will and the capacity of the decedent to dispose of his or her estate. The petition for probate states, among other matters, the time and place of the death of the decedent and gives the names and addresses of all persons who might be interested in the estate as heirs, next of kin, legatees, or executors; the original will must be submitted to the court. Objections to probate of the will, if any, are tried by the surrogate, although in many states provision is made for a jury trial when requested.

After the will is admitted to probate, it is recorded in the court, and certificates known as letters testamentary are issued to the executor as evidence of his or her authority to act. If a decedent is intestate, a petition is filed by any of the decedent’s next of kin or creditors, who may apply for the appointment of an administrator of the estate. Letters of administration are issued by the court to the administrator appointed. Generally the widow or widower, and then the children, are entitled to be appointed as administrators.

The executor or administrator then pays the debts and taxes of the decedent and disposes of the balance of the assets as directed by the will or under the intestacy laws. The court in which proceedings are originally instituted is the surrogate’s court of the county or district in which the decedent was domiciled at the time of death, even though the deceased had no assets in that district or in the state. If the decedent has assets in any state other than the state in which the decedent had established a domicile prior to death, proceedings known as ancillary administration must be taken in the surrogate’s courts of such other state.” (1)

Resources

Notes and References

• Information about Surrogate’s Court in the Encarta Online Encyclopedia

Guide to Surrogate«s Court