Probate Court Locator: Find Your Court by State

It depends on the state, because different states assign probate to differently named courts, but in every state there's a specific court (usually county or local) with jurisdiction over probate. In many states it's called the "probate court." In others: a "surrogate's court" (New York, New Jersey), an "orphans' court" (Pennsylvania, Maryland), or a division of a broader trial court like the circuit, superior, district, chancery, or county court, or a specific probate division. Regardless of name, the key points: probate is generally handled at the county or local level, so you typically file in the county where the deceased legally resided (was domiciled) at death; if they owned real estate in another state, an additional ancillary proceeding may be needed there; and the specific court, location, and procedures depend on the state and county. To determine the right court, identify the state and county of domicile, then find that county's probate court (or equivalent). Because naming and structure vary, checking your state's court system — often via the state judiciary's website or your county court — pinpoints the exact court. The locator above helps identify the right court for your state, and our state guides explain the structure and link official resources. Once you know the court, you can find its address, requirements, forms, and fees to begin.

You generally file in the probate court (or equivalent) in the county where the deceased was legally domiciled — their permanent, primary residence — at death, since probate is typically a county-level matter tied to the decedent's home jurisdiction. The basic rule is that the estate is administered in the decedent's home county and state, so you file the petition to open probate with that county's court. To determine where, identify the county and state of domicile (their true, fixed, permanent home — not necessarily where they died or a secondary residence), and file with the appropriate court there. Nuances: if the deceased owned real estate in a different state from their domicile, an additional ancillary probate is generally required there to transfer that property, in addition to the primary (domiciliary) probate; and within a state, you file in the specific county of domicile, at whatever court that state designates (probate court, surrogate's court, orphans' court, or a division of the circuit, superior, district, or chancery court). Practically: confirm the county and state of domicile; identify the correct court (using the state court system or your state guide); obtain forms and filing/fee information from that court; and file the petition with required documents (the will, if any, and a certified death certificate). If domicile is unclear (someone split time between states) or there's out-of-state property, consulting an attorney may be worthwhile, since where you file affects the whole administration. The locator and our state guides help you file in the correct place from the start.

No. While all states have a court system that handles probate, the court's name, structure, procedures, and many rules vary significantly, which is why probate is fundamentally governed by state law and administered locally. The variations span several dimensions. The name differs: some states have courts specifically called "probate court," while others use "surrogate's court" (NY, NJ), "orphans' court" (PA, MD), or handle probate within a division of a general trial court (circuit, superior, district, chancery, or county court). The structure differs: sometimes a dedicated specialized court, sometimes a division of a broader court, at varying levels. The procedures differ: formal vs. informal probate, supervised vs. unsupervised administration, different small-estate thresholds, creditor claim periods, deadlines, forms, and requirements for bonds, inventories, and accountings. The substantive law differs: intestate succession rules, spousal rights, community property vs. common-law systems, and estate or inheritance tax treatment all vary. And some states adopted the Uniform Probate Code (in whole or part) while others have distinct codes. Because of all this, look at the specific rules and court for the relevant state rather than assuming probate works the same everywhere. Our state-by-state guides explain each state's court structure, process, thresholds, and rules, and link to official court resources. When an estate involves multiple states, you may encounter different courts and rules in each.

If the deceased owned property in more than one state, you'll generally need probate in more than one state: a primary (domiciliary) probate where the person legally resided, plus an ancillary probate in each other state where they owned real estate — because real property is governed by the laws of the state where it's located and can only be transferred through that state's courts. The primary (domiciliary) probate takes place in the county and state of domicile; it handles the overall estate, including personal property and real estate in that home state. For real estate in a different state, an ancillary proceeding is generally required there, because that state's courts have jurisdiction over real property within its borders. So if someone domiciled in one state owned a vacation or rental property in another, there'd be the main probate in the home state and a separate ancillary probate where the additional property sits. Ancillary probate adds complexity, time, and cost: a second court system, potentially a second attorney, additional documents, and additional fees. Often it's somewhat streamlined by relying on the primary probate (using the will already admitted in the home state), but it's still separate. Because multi-state estates are more complicated, they often warrant professional help to coordinate proceedings and meet each state's requirements. Note that tools like transfer-on-death deeds, living trusts, or joint ownership can avoid ancillary probate by transferring out-of-state property outside probate — a reason people with multi-state property often plan ahead. Identify each state where real estate is located, since each will likely require its own proceeding. Our ancillary probate guide covers this in depth.