Probate court goes by different names in different states, and the alternative names for probate court you’re most likely to encounter are Surrogate’s Court in New York and New Jersey, Orphans’ Court in Maryland, Pennsylvania, and Delaware, and Register of Wills in Pennsylvania and Delaware. Roughly half the states skip a specialized court entirely and route estate matters through their regular trial courts, usually called Superior Court or Circuit Court. The work is the same everywhere: verifying wills, appointing someone to manage the estate, and making sure property reaches the right people. Only the name on the door changes.
Which name applies to you depends on where the deceased person was domiciled at the time of death, not where you live or where the property sits. That’s the rule to keep in mind as you read on.
Surrogate’s Court in New York and New Jersey
New York and New Jersey use the word “Surrogate” for the judicial officer who oversees probate. In New York, each county has its own Surrogate’s Court that hears cases involving the affairs of deceased persons, including will validation and estate administration.1New York State Unified Court System. New York City Surrogate’s Court In New Jersey, the County Surrogate is an elected constitutional officer who serves as judge for uncontested probate and estate matters, and also handles guardianships for incapacitated adults and adoptions.2New Jersey Courts. County Surrogate
When someone dies without a will, the Surrogate’s Court runs the intestacy proceeding and appoints an administrator. Under New Jersey’s Title 3B, the surrogate or court requires the appointed fiduciary to post a bond with proper conditions and sureties, sized to the value of the estate, to guarantee faithful performance.3New Jersey Legislature. New Jersey Statutes 3B:15-1 – Bonds of Fiduciaries; Exceptions The bond functions as insurance against mishandled funds, and the premium comes out of estate assets.
New York’s Surrogate’s Court Procedure Act sets a fixed filing-fee schedule that scales with the gross estate passing by will as stated in the petition:4New York State Senate. New York Surrogate’s Court Procedure Act SCP 2402 – Fees
- Under $10,000: $45
- $10,000 to $19,999: $75
- $20,000 to $49,999: $215
- $50,000 to $99,999: $280
- $100,000 to $249,999: $420
- $250,000 to $499,999: $625
- $500,000 and over: $1,250
Orphans’ Court in Maryland, Pennsylvania, and Delaware
Maryland, Pennsylvania, and Delaware call their probate tribunal the Orphans’ Court. The name traces to colonial-era courts specifically charged with protecting the estates and welfare of children whose parents had died. Delaware’s version dates to 1683 under William Penn’s government, established to “inspect and take care of the Estates, Usage, and Employment of Orphans.”5Delaware Public Archives. Orphans’ Court The jurisdiction has long since expanded beyond minors.
In Maryland, the Orphans’ Court presides over estate administration, approves administration accounts, and ensures that only appropriate payments come from estate assets. Distributions to beneficiaries and payments for attorney fees or personal representative commissions all require the court’s approval.6Maryland Judiciary. Maryland Orphans’ Court The court also has concurrent jurisdiction with circuit courts over guardianship of minors, and can transfer matters to circuit court when a child’s best interests require equitable powers beyond the Orphans’ Court’s scope.7Maryland General Assembly. Maryland Code Estates and Trusts 13-105
Pennsylvania handles things differently. There, the Orphans’ Court is technically a division of the Court of Common Pleas. Title 20 gives this division mandatory jurisdiction over an extensive list of estate matters: administration and distribution of estates, appointment and removal of fiduciaries, settlement of accounts, enforcement of legacies and annuities charged on property, and adjudication of title to personal property in the personal representative’s possession.8Pennsylvania General Assembly. Pennsylvania Title 20 – Decedents, Estates and Fiduciaries The court also oversees estates of incapacitated persons and presumed decedents, and can order specific performance of contracts a decedent entered before death.
One of the Orphans’ Court’s most consequential functions is managing creditor claims. The personal representative must notify known creditors and publish notice for unknown ones. States set strict filing deadlines, often between three and four months from the date the court issues its order. Claims filed after the deadline are generally barred against the estate, the personal representative, and all heirs and beneficiaries.
Register of Wills in Pennsylvania and Delaware
Pennsylvania and Delaware add a second office to the picture. The Register of Wills is the office that handles the initial steps of probate: accepting wills for filing, admitting them to probate, and issuing letters testamentary or letters of administration. Nothing moves forward until the Register completes its work.
In Delaware, the Register of Wills functions as a clerk of the Court of Chancery. The Register has the power to administer oaths, issue notices, and certify copies of estate documents.9Delaware Code Online. Delaware Code Title 12 Chapter 25 – Register of Wills For uncontested matters requiring no notice to other parties, the Register can hear and decide the matter and issue orders that carry the same effect as if the Court of Chancery made them directly, provided no one objects within 30 days. Delaware also allows testators to deposit original wills with the Register for safekeeping during their lifetime for a $5 fee, and the Register opens and places the will in its pending file upon receiving notice of the testator’s death.
Pennsylvania’s Register of Wills serves a similar gatekeeper role. The office also acts as agent for the Pennsylvania Department of Revenue, accepting inheritance tax returns and transmitting them along with payments to the state.10Delaware County, Pennsylvania. Inheritance Tax The Register can hold hearings on the validity of a will if someone files a challenge, though complex disputes often get transferred to the Orphans’ Court division for full adjudication.
General Trial Courts in Most Other States
The majority of states don’t maintain a separate probate court at all. Instead, probate functions as a specialized division or department within the state’s regular trial court. Arizona and California route estate matters through their Superior Courts, while Florida and Illinois use their Circuit Courts.11Maryland Department of Legislative Services. Probate Judges in the United States and MD The procedures are the same: file a petition, get appointed, notify creditors, inventory assets, pay debts, and distribute what’s left.
This arrangement means a judge handling your estate case may also hear personal injury trials or contract disputes during the same week. Most courts with large caseloads assign probate matters to judges who specialize in that area, even though the court itself has broader jurisdiction. The upside is administrative simplicity. The downside is that probate cases sometimes compete for attention with higher-priority criminal matters, which can stretch timelines.
Formal probate in a court of general jurisdiction follows the same basic arc as in a specialized court. The American Bar Association puts the average duration at six to nine months for a straightforward estate. Contested estates, those with business interests, or situations where real property must be sold can run well beyond a year.
Which Court Applies to You
Probate jurisdiction is based on where the deceased person lived, not where they owned property. You file in the county where the decedent was domiciled at the time of death. If the decedent owned real estate in another state, you may also need to open an ancillary probate proceeding in that state to transfer the out-of-state property. Ancillary probate means a second set of filings, fees, and waiting periods in whatever that state calls its probate court.
So a New Yorker who owns a vacation home in Maryland will have a Surrogate’s Court proceeding for the main estate and an Orphans’ Court proceeding for the Maryland property. The two courts operate under different rules and different fee schedules, and both must run to completion before every asset clears.
What Every Version of the Court Issues
Regardless of what the court is called, it issues one of two documents authorizing someone to act on behalf of the estate. Letters testamentary go to an executor named in the will. Letters of administration go to an administrator appointed by the court when there’s no will or when the named executor can’t serve. Both documents grant the same practical authority: the power to manage estate assets, pay debts, and distribute property. Banks, title companies, and government agencies will refuse to work with you until you have one of these documents in hand.
Supervised Versus Independent Administration
Most states offer two tracks for estate administration under whatever court has jurisdiction. Supervised, or “dependent,” administration requires the executor to get court approval for most significant actions, from selling property to paying certain debts. Independent administration involves minimal court oversight and moves faster with lower costs. Courts can order independent administration when the will specifies it or when all heirs and beneficiaries agree to it. An independent executor still owes the same fiduciary duties; there’s just no judge reviewing each step.
When You May Not Need Probate at All
Two categories of assets never reach any of these courts. First, property that transfers by contract or operation of law: joint accounts with survivorship rights, life insurance and retirement accounts with named beneficiaries, transfer-on-death and payable-on-death accounts, and assets held in trust. Second, small estates. Every state offers some form of simplified procedure below a certain value. Thresholds vary widely; in California, for deaths on or after April 1, 2025, estates with personal property valued under $208,850 can use a simple affidavit process, and a primary residence worth up to $750,000 can be transferred by court order without full probate.12California Courts. Simple Transfer of Assets13California Courts. Probate Code 890 Adjusted Amounts Check the rule in the decedent’s state before assuming a full proceeding is necessary.
Questions to Ask at Whatever Court You Walk Into
The name on the courthouse door varies, but the questions are the same everywhere. Where do I file the original will? What documents do I need for the petition? What are the filing fees? How long is the creditor claim period? Does this estate qualify for simplified procedures? The clerk’s office at whatever your state calls its probate court, whether Surrogate’s, Orphans’, Register of Wills, Superior, or Circuit, handles these questions routinely and can point you toward the right forms.