ProbateUS
probate-courtjurisdiction

Which Court Handles Probate? Court Names by State

Probate court has a different name in each state. See which court opens estates in 13 states and D.C., the statute behind it, and which county to file in.

Last updated 6 min read
In this article

Probate is handled by a local trial court in the county where the person lived, but that court's name changes from state to state. In Ohio it's the probate division of the court of common pleas. In Pennsylvania it's the Register of Wills together with the Orphans' Court Division. Arizona uses the superior court, and in Louisiana, where an estate is called a "succession," it's the district court. In every case you file in the county (or parish) where the person was domiciled, meaning where they had their permanent home, when they died.

Probate court names by state

The table covers the states people search for most, with the statute or official court page that gives that court the job. For any other state, open its page in our probate court directory.

State Court that handles probate Where that comes from
Alabama Probate court Ala. Code § 12-13-1 gives the probate court "original and general jurisdiction" over probate matters
Arizona Superior court A.R.S. § 14-1201 defines "court" as the superior court; § 14-1302 gives it jurisdiction over decedents' estates
District of Columbia Probate Division of the Superior Court D.C. Code § 11-902 lists the Probate Division; § 11-921 covers wills, letters testamentary and letters of administration
Georgia Probate court O.C.G.A. § 15-9-30 gives probate courts "original, exclusive, and general jurisdiction" over the probate of wills and letters
Kansas District court The Kansas probate code (K.S.A. ch. 59) is administered by the district court
Louisiana District court of the parish La. Code Civ. Proc. art. 2811: a succession is opened in the district court of the parish of domicile
Michigan Probate court MCL 700.1302 gives "the court" exclusive jurisdiction over estates; EPIC defines it as the probate court
Missouri Probate division of the circuit court Mo. Rev. Stat. § 472.020
New Hampshire Circuit Court, Probate Division NH Judicial Branch: probate judges sit in each of the ten counties
New Jersey County surrogate's court, or the Superior Court N.J.S.A. 3B:10-1: the surrogate's court of the county of residence, or the Superior Court, may grant letters
Ohio Probate division of the court of common pleas Ohio Rev. Code § 2101.01 (one in each county seat); § 2101.24 (exclusive jurisdiction over wills and letters)
Pennsylvania Register of Wills; Orphans' Court Division of the Court of Common Pleas Pa.R.O.C.P. Rule 1.3 defines "court" as the Orphans' Court Division; Chapter X covers practice before the Register of Wills
Texas County court, county court at law, or statutory probate court Tex. Est. Code § 32.002: which one depends on the county

In D.C., estates go to the Probate Division of the D.C. Superior Court, which handles wills and both kinds of letters (D.C. Code §§ 11-902, 11-921). Letters are the court's certificate that someone can act for the estate; letters testamentary go to an executor named in a will, and letters of administration go to someone the court appoints when there's no will.

Where the court name trips families up

If your state doesn't call it "probate court," a search for that phrase can send you to the wrong office. Here's how it plays out in four states:

  • Pennsylvania splits the work between two offices. Practice before the county Register of Wills follows Chapter X of the Orphans' Court Rules, and you appeal a Register's order or decree to the Orphans' Court Division by petition (Pa.R.O.C.P. 10.4). Within three months after letters are granted, the personal representative (the executor or administrator) must send a notice of estate administration to beneficiaries and heirs (Pa.R.O.C.P. 10.5).
  • New Jersey gives you two routes to letters: the surrogate's court of the county where the person lived, or the Superior Court (N.J.S.A. 3B:10-1). Superior Court cases are heard in the Chancery Division, Probate Part, and the filing fees are paid to the county surrogate (N.J.S.A. 22A:2-15).
  • Texas has three possibilities. Under Tex. Est. Code § 32.002, a county with a statutory probate court sends probate there. A county without one, but with a county court at law that exercises probate jurisdiction, shares the work between that court and the county court. Everywhere else, the county court hears probate.
  • Louisiana uses civil-law terms. An estate is a "succession," opened in the district court of the parish where the person was domiciled (art. 2811).

Which county to file in

File in the county where the person was domiciled when they died. If they lived in another state but left property in this one, you open an ancillary (secondary) proceeding where the property is. Louisiana's article 2811, for example, lets a non-resident's succession be opened in any parish where they owned immovable property (land or buildings), or where their movable property is if there's no immovable property. Michigan's § 700.1302 covers both people domiciled in the county and out-of-state residents who left an estate there.

Each county court page in our directory lists the court's address, phone and website, plus filing fees and forms where we have them.

Finding the office for your county

  1. Open your state's page, for example Ohio, Pennsylvania, Georgia, Arizona or Michigan.
  2. Pick the county where the person lived.
  3. Check the court's own website (linked from each court page) for local forms and e-filing before you go in person.

Once you know which court you're dealing with, our state guides, such as the Ohio probate guide and the Texas probate guide, walk through the process.

What to bring to the first filing

Whichever court it is, the first filing asks for the same things: the death certificate, the original will if there is one, the names and addresses of the heirs, and a rough list of what the person owned. EverSettled helps you collect those documents and the asset list in one place, so you're ready for an attorney sooner and the estate moves toward distribution faster. It then guides you through the rest of the admin while the court case runs.

Frequently asked questions

Where is the probate court?

Usually in the county courthouse at the county seat. Ohio law, for example, requires the probate division to be held at the county seat of each county (Ohio Rev. Code § 2101.01). Look up your county in our directory for the exact address and phone number.

Is probate court the same as family court?

Not in the states in the table above. Each one sends estates to a probate court or to a probate division of the general trial court. A few states combine probate and family cases in one court. Massachusetts is one: its county courts are called Probate and Family Courts, which is why you'll see names like the Suffolk Probate and Family Court. Check your state's page in our directory to see how yours is set up.

Can I file probate in the county where the house is instead of where the person lived?

Generally no. The estate is opened in the county where the person was domiciled. The county where the property sits is used when the person lived in another state, through an ancillary proceeding.

Sources

General information, not legal advice. Laws and court rules change, and your estate may differ from the examples here. Check the cited statute and your county court's current rules, and ask a probate attorney about your situation.