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A probate court (sometimes called a surrogate court) is a court that has competence in a jurisdiction to deal with matters of probate and the administration of estates. [1] In some jurisdictions, such courts may be referred to as orphans' courts [ 2 ] or courts of ordinary.
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the jurisdiction where the deceased resided at the time of their death.
The court's jurisdiction is split into an eastern division, including Cook, DuPage, McHenry, Grundy, Kane, Kendall, LaSalle, Lake, and Will counties, with its sessions held in Chicago and Wheaton; and a western division, including Boone, Carroll, DeKalb, Jo Daviess, Lee, Ogle, Stephenson, Whiteside, and Winnebago counties, with its sessions held in Freeport and Rockford.
In the Circuit Court of Cook County, which contains Chicago and is the largest of the 22 circuits in Illinois, circuit judges are elected from the entire county or as resident judges from each of the fifteen subcircuits within the county. Associate judges are appointed by circuit judges, under Supreme Court rules, for four-year terms.
The Connecticut Probate Court system is a system of 54 individual probate courts located throughout the state of Connecticut. The jurisdiction of each court extends to the legal affairs of the deceased, estates, some aspects of family law, conservatorship , and several other matters requiring specific legal decisions. [ 1 ]
While the Chancery Court and Tennessee's Circuit Court, the court of general civil and criminal jurisdiction, [3] may share a set of procedural rules in each county, there are some distinct rules applying to the separate courts. [5] [6] Parties in the Chancery Court are entitled to have a jury try issues of material fact. [7]
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