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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 state where the deceased resided at the time of their death.
After widespread litigation and media coverage surrounding the Terri Schiavo case, estate planning attorneys often advise clients to also create a living will, which is a form of an advance directive. Specific final arrangements, such as whether to be buried or cremated, are also often part of estate plan documents.
The probate court has concurrent jurisdiction with the Superior Court over the following: Cases involving charitable uses and trusts, other than express trusts, as that term is defined in RSA 564-A:1, I. Durable powers of attorney under RSA 506:6 and 506:7. Waivers for marriage of minors pursuant to RSA 457:6–457:7.
Some courts issue orders against self representation in civil cases. A court enjoined a former attorney from suing the new lover of her former boyfriend and colleague. [26] The Superior Court of Bergen New Jersey also issued an order against pro se litigation based on a number of lawsuits that were dismissed and a failure to provide income tax ...
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