The table below provides links to courts that handle probate affairs and estate administration in your state. Here you can find information on requirements and fees for filing documents, obtain forms, and get answers to frequently asked questions. As indicated, a number of states do not have separate courts that hear probate matters, and in such instances a link to your local court is provided. To suggest a resource for this page, please email us.
Alabama Alabama has 68 probate courts and 68 judges. The courts have jurisdiction over mental health, estate, adoption, and real property rights cases and do not allow jury trials.
Alaska Alaska does not have a separate probate court. The Superior Court has jurisdiction over property rights, estate, mental health, and juvenile matters. The court allows jury trials in most cases.
Arizona Arizona does not have a separate probate court. The Superior Court has jurisdiction over estate,mental health, and juvenile matters.
Arkansas Arkansas does not have a separate probate court. The Circuit Court has jurisdiction over estate, mental health, and juvenile matters. The court allows jury trials.
California California does not have a separate probate court. The Superior Court has jurisdiction over estate, mental health, and juvenile matters. The court does not allow jury trials for juvenile cases.
Colorado Colorado has a separate probate court in Denver County only; in the rest of the state, district courts handle probate proceedings. Additionally, Colorado has a separate juvenile court.
Connecticut Connecticut has a separate probate court with 130 judges. The court has jurisdiction over estate, adoption, support/custody, paternity, miscellaneous domestic relations, mental health, and miscellaneous civil cases. The court does not allow jury trials.
Delaware The Court of Chancery handles probate matters, including estate, real property rights, and mental health. The court allows no jury trials. Delaware has a separate family court that handles juvenile matters and does not allow jury trials.
District of Columbia D.C. does not have a separate probate court. The Superior Court handles probate matters.
Florida Florida does not have a separate probate court. The Circuit Court has jurisdiction over mental health, estate, and juvenile matters. The court allows jury trials.
Georgia Georgia has 159 probate courts and 159 judges. Georgia only has probate courts in counties with a population over 96,000 and where the probate judge is an attorney who has been practicing for at least 7 years. The courts have jurisdiction over mental health, estate, miscellaneous civil, moving traffic, and DWI/DUI matters.
Hawai'i Hawaii does not have a separate probate court. The Circuit Court has jurisdiction over mental health, estate, and juvenile matters. The court allows jury trials.
Idaho Idaho does not have a separate probate court. The Magistrates Division has jurisdiction over estate, mental health, and juvenile matters.
Illinois Illinois does not have a separate probate court. The Circuit Court has jurisdiction over civil and juvenile cases.
Indiana Indiana has only one specialized probate court with jurisdiction over adoption, estate, and miscellaneous civil and juvenile matters. In the rest of the state, probate proceedings are handled in county superior or district courts.
Iowa Iowa does not have a separate probate court. The District Court has one associate probate judge and 12 associate juvenile judges. The court does not allow jury trials in juvenile or mental health cases.
Kansas Kansas does not have a separate probate court. The District Court has jurisdiction over civil and juvenile cases.
Kentucky Kentucky does not have a separate probate court. The District Court has jurisdiction over estate, mental health, and juvenile matters.
Louisiana Louisiana does not have a separate probate court. The District Court has jurisdiction over estate, mental health, adoption, and juvenile matters. However, the state has a separate juvenile court and family court.
Maine Maine has 16 probate courts under county, not state, court system jurisdiction. The courts have jurisdiction over estate, adoption, and miscellaneous domestic relations matters and do not allow jury trials. The District Court has jurisdiction over mental health and juvenile matters and does not allow jury trials.
Maryland Maryland has an Orphans' Court in 22 counties with 66 judges that handle estate matters, except in Montgomery and Harford counties, where the Circuit Court handles it.
Massachusetts Massachusetts has 14 divisions of probate and family courts with 51 justices. The courts have jurisdiction over estate, support/custody, paternity, domestic violence, miscellaneous civil, adoption, and divorce cases. The court does not allow jury trials. The state has a separate juvenile court, which allows jury trials.
Michigan Michigan has 78 probate courts and 106 judges. The courts have jurisdiction over estate, mental health, and juvenile matters and allow some jury trials.
Minnesota Minnesota does not have a separate probate court. The District Court has jurisdiction over estate, mental health, and juvenile matters.
Mississippi The Chancery Court has jurisdiction over estate, mental health, divorce, support/custody, and paternity matters.
Missouri Missouri does not have a separate probate court. The Circuit Court has jurisdiction over probate matters. The Circuit Court has four probate and three deputy probate commissioners.
Montana Montana does not have a separate probate court. The District Court has jurisdiction over estate, mental health, and juvenile matters and allows jury trials.
Nebraska Nebraska does not have a separate probate court. Nebraska has 93 County Courts in 12 districts, which have jurisdiction over estate, adoption, and juvenile matters. These courts have 59 judges and allow jury trials, except in juvenile cases. The District Court has jurisdiction over mental health cases.
Nevada Nevada does not have a separate probate court. The District Court has jurisdiction over mental health, estate, and juvenile matters. The court allows jury trials for most cases.
New Hampshire New Hampshire has two probate courts, which have jurisdiction over adoption, termination of parental rights, guardianships, trusts, wills, estates, involuntary commitments, and some equity matters. The courts do not allow jury trials.
New Jersey New Jersey does not have a separate probate court. The Superior Court has jurisdiction over civil, estate, and juvenile matters. The court allows jury trials for most cases.
New Mexico New Mexico has 33 probate courts and 33 judges. These courts have jurisdiction over uncontested estate cases, but contested cases go to District Court. The District Court also has jurisdiction over juvenile and mental health matters.
New York In New York the Surrogates Court has jurisdiction over adoption and estate. The court allows jury trials in estate cases. The Family Court has jurisdiction over guardianship and juvenile cases and does not allow jury trials.
North Carolina North Carolina does not have a separate probate court. The Superior Court has jurisdiction over estate cases and allows jury trials. The District Court has jurisdiction over mental health and juvenile cases. The District Court allows jury trials in civil cases only.
North Dakota North Dakota does not have a separate probate court. The District Court has jurisdiction over estate, mental health, and juvenile matters. The court allows jury trials in many cases.
Ohio In Ohio, the Probate Division of the Court of Common Pleas has jurisdiction over probate matters and handles estate, mental health, and juvenile cases. The court allows jury trials in most cases.
Oklahoma Oklahoma does not have a separate probate court. The District Court has jurisdiction over civil and juvenile cases. The court allows jury trials.
Oregon In Oregon, there are seven County Courts and seven judges with jurisdiction over adoption, mental health, and juvenile matters. The courts do not allow jury trials.
Pennsylvania In Pennsylvania, the Court of Common Pleas has jurisdiction over estate, mental health, and juvenile cases. The court allows jury trials in most cases.
Rhode Island Rhode Island has 39 probate courts and 39 judges. The probate courts have jurisdiction over estate cases and do not allow jury trials. The District Court has jurisdiction over mental health cases, and the Family Court has juvenile jurisdiction.
South Carolina South Carolina has 46 probate courts and 46 judges. The probate courts have jurisdiction over mental health and estate cases and do not allow jury trials. The Family Court has juvenile jurisdiction.
South Dakota South Dakota does not have a separate probate court. The Circuit Court has civil and juvenile jurisdiction.
Tennessee In Tennessee, § 16-16-201 holds that "...all jurisdiction relating to the probate of wills and the administration of estates of every nature...is hereby vested in the chancery court of the respective counties" unless specifically given by local legislation to other courts. Shelby County, for example, has established a probate court. Tennessee has 95 counties.
Texas Texas has 16 probate courts and 16 judges with jurisdiction over estate and mental health matters. The probate courts allow jury trials. In Texas, the County Court of Law, Constitutional County Court, and District Court also have jurisdiction over estate, mental health, and juvenile matters. These courts allow jury trials.
Utah Utah does not have a separate probate court. The District Court has jurisdiction over estate and mental health matters. This court allows jury trials in most case types. The Juvenile Court does not allow jury trials.
Vermont Vermont has 18 probate courts and 18 judges. The probate court has jurisdiction over mental health, adoption, estate, miscellaneous domestic relations, and miscellaneous civil cases. The court does not allow jury trials.
Virginia Virginia does not have a separate probate court. The Circuit Court has jurisdiction over mental health and estate matters; the District Court has jurisdiction over mental health and juvenile matters.
Washington Washington does not have a separate probate court. The Superior Court has jurisdiction over estate, mental health, and juvenile matters.
West Virginia West Virginia does not have a separate probate court. The Circuit Court has jurisdiction over mental health, estate, and juvenile cases. The court allows jury trials.
Wisconsin Wisconsin does not have a separate probate court. The Circuit Court has jurisdiction over civil and juvenile matters.
Wyoming Wyoming does not have a separate probate court. The District Court has jurisdiction over mental health, estate, and juvenile matters.
Whether you are in the midst of dealing with a recently deceased relative's financial arrangements or planning your own estate, it's important to have a basic understanding of the probate process. Contact a local probate and estate administration attorney to learn about the probate process in your state.
