Identification

While the specific cases that a probate handles vary from state to state, probate courts generally handle wills and trusts and appoint conservators for people who become incapacitated, according to the Travis County, Texas, Probate Court of The Honorable Guy Herman.

Considerations

Probate courts are not usually needed when the deceased bequeaths very few assets (like personal items) or another person already has a legal right to the inheritance, such as when one spouse on a joint account dies, according to the Oregon State Bar.

Where to Find a Probate Court

FindLaw has a database containing links to state probate courts. Not all states have state probate courts, in these cases, the local county probate court handles wills and trusts.

Time Frame

The distribution of assets in a will can take several months under the supervision of a probate court, according to the Oregon State Bar. Property, for example, often holds up a probate case due to the long time real estate can spend on market before it is sold.

Tips

Most people hire a lawyer who specializes in probate cases, according to the Oregon State Bar. Filing a will or trust with the courts involves hours of paperwork and a probate lawyer also knows most of the ins and outs of your state's particular probate process.

Source:

Travis County Probate Court of The Honorable Guy Herman

Oregon State Bar; What is Probate?

FindLaw; State Probate Courts