Probate Judge

A probate judge is a judicial officer who oversees the legal process called probate, which involves the administration of a deceased person's estate. Their primary role is to ensure that the deceased’s assets are properly distributed, debts and taxes are paid, and any disputes related to the will or estate are resolved according to the law.

Key responsibilities of a probate judge include:

• Validating wills and overseeing the execution of the deceased’s last wishes if a will exists.
• Appointing executors or administrators to manage the estate.
• Supervising the administration of the estate, including ensuring debts and taxes are paid before distribution to beneficiaries.
• Handling cases where there is no will (intestate estates) by applying intestacy laws to determine rightful heirs.
• Resolving disputes such as will contests or claims against the estate.
• Making legal determinations about guardianships and conservatorships, including declaring individuals legally incapacitated and deciding on their rights (e.g., voting or driving privileges).

The extent of a probate judge’s involvement varies depending on the complexity of the estate and whether the will is contested. For simple estates with clear wills, the judge’s role may be minimal, mainly granting authority to the executor and closing the estate once settled. For complex or contested estates, the judge may conduct hearings, examine evidence, and make rulings to resolve disputes.

In some jurisdictions, probate courts may also be known as surrogate’s courts or orphan’s courts, but the judge’s fundamental role remains the same: to oversee the fair and lawful administration of estates and related matters.