Court Type: Probate Court

These courts handle the probate of wills and administration of estates of deceased persons, plus petitions in which a conservatorship of a minor or an incompetent person is sought, and have “exclusive jurisdiction” over these matters. Probate courts also issue marriage licenses and gun permits. In some counties, the Probate Court may have additional responsibilities, such as reviewing Family Violence or Stalking Petitions initially or hearing traffic tickets. The jurisdiction of Probate Court also varies according to the size of the county.

A Probate Court in a large county, known as an Article 6 Probate Court, can hear certain types of cases that can also be heard by the Superior Court and can also conduct a Jury Trial.

Probate courts are subject to the Uniform Probate Court Rules, which include a number of user-friendly forms for most petitions filed in Probate Court.

Probate Court Judges are elected. Article 6 Probate Court Judges must be licensed attorneys, but other Probate Court Judges are not required to be attorneys. The qualifications to become a Probate Court Judge can be found here. There is no legal requirement of knowledge or competency in the types of matters handled in Probate Court.

Appeals from Probate Courts generally go to the Superior Court of the County, but some appeals go to a higher court.