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Probate Jurisprudence

What is a Probate Jurisprudence?

Probate jurisprudence and the name of the courts and judges responsible for making judicial determinations in the area of probate jurisprudence are varied from state to state.  

Common names utilized for these courts include:

  • Probate court
  • Chancery court
  • County court
  • Orphans court
  • Circuit court
  • District court

Probate jurisprudence in many states commonly refers to those matters relating to decedent estate administration (with or without a last will and testament), trust administration, protective proceedings (guardianships and conservatorships), involuntary civil commitment of seriously mentally ill persons and adoptions.  In some states, these courts are also responsible for juvenile matters, eminent domain - land condemnation matters, partition and sale of real property, and name changes.

In one state, Alabama, the judges of probate also serve as the chief election officer of their respective counties.  In many states the judges  in "circuit" (multiple judge situations) handling probate jurisprudence rotate the responsibility for these matters periodically amongst the judges.