What Do Surrogate Courts Do?

Surrogate courts, also known as probate courts, are special courts for the purpose of handling probate and estate administration cases. This type of court takes care of matters to ensure a deceased persons last wishes for their estate are completed correctly. It may also handle cases pertaining to matters that are handled in family court.

Administration of estates

Surrogate courts distribute the assets of a deceased person. If a last will and testament has been left and is found to be valid, the distribution will be done as the will reads. If there is no will, the assets may be distributed evenly between the immediate family survivors of the deceased. However, the court may also choose to give a grant of administration to the spouse or closest friend or family member to allow that person to distribute the assets properly.

Contested cases

If an estate administration case is contested, the surrogate court must examine the estate thoroughly and decide who will receive the property of the deceased and how it will be divided. In some cases, this decision is made depending upon the laws of that particular jurisdiction.

Other cases

In some jurisdictions surrogate courts may also handle cases pertaining to family matters. These may include marriages, adoptions, name changes or guardianships. Some cases may require being handled by family courts instead.