A probate judge is in charge of overseeing the administration of a deceased person’s personal estate. When a person owns a substantial amount of property and dies without leaving a will, the probate judge may be called upon to settle disputes among beneficiaries. Typically, the probate judge distributes the estate’s assets according to probate laws. A probate judge in some jurisdictions may have additional responsibilities unrelated to the administration of a will.
What a judge in probate court does during a hearing is usually dictated the circumstances surrounding a deceased person’s property. In essence, the deceased’s personal estate can be classified into one of several legal categories. The resolution of each category is usually governed the probate laws of a specific jurisdiction.
When someone dies with assets testate — that is, with a will — the will covers all assets and names a personal representative. If a person dies intestate, there is either no will or a will that does not list all of the assets. A contested will usually means that the beneficiaries disagree about a portion of the will. The beneficiaries agree to the provisions and have no conflict of interest if the will is uncontested.
In an ideal world, a person would die with a will that is simple to validate a probate judge. In the absence of a contested will one or more beneficiaries, the process is usually straightforward. The judge may issue a decree, after which the assets will be distributed and the case will be closed.
Judges will most likely be given more responsibilities as a result of contested wills. If beneficiaries contest a will and are unable to reach an amicable agreement on their own, most probate judges may issue judgments. The judge may appoint a representative for the estate as part of resolving contested wills. This person is usually in charge of distributing the estate’s assets to the beneficiaries.
When a person dies intestate (without a valid will), the judge’s role may be expanded based on the applicable probate laws. The process of identifying the deceased’s assets, beneficiaries, and creditors may be overseen the probate judge. A personal representative may be appointed the judge to administer an orderly dissolution of the assets.
The extent of the judge’s involvement is usually determined whether the personal representative appointment is contested or uncontested. The judge signs probate orders and the representative administers the estate if the appointment is uncontested. The probate judge is usually required to preside over the entire process of administering the will in a contested appointment to ensure that the representative and beneficiaries follow legal orders.
In most cases, the probate judge also hears appeals if one or more beneficiaries disagree with the court’s decision. The judge has the authority to examine the notice of appeal and interpret the laws that apply to the case. As a result, the judge usually makes a decision to either overturn or uphold the original decision.