What Is a County Surrogate?
A surrogate is an elected judicial official with the responsibility to mandate all matters of a will after a person's death. A surrogate operates in a surrogate court, also known as a probate court. The court system in each state differs and not all states have county courts. In addition, not all county courts have judicial powers. Some serve solely as an administrative unit. Within those county courts with judicial power, the official overseeing an individual's will is often referred to as a county surrogate.
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Estate
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A county surrogate holds the power to validate the will of a deceased individual. They hold the authority to pass on the execution of a will to its executor. An executor is the person named in a decedent's will to carry out the provisions of that will. The county surrogate also must see that the management of the estate is dealt with properly.
Assets
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A county surrogate is also responsible for overseeing the distribution of the assets as outlined in a decedent's will. A county surrogate must oversee the distribution of assets of a person who has died intestate. Intestacy is when a person either dies without a will or dies with a will that does not cover all available assets.
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Family
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A county surrogate is also responsible for handling all familial matters after a person's death. These matters may include conservatorship, adoption, guardianship, marriage, name changes, emancipation, birth certificates, civil commitment and paternity issues.
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References
Resources
- Photo Credit courthouse image by Michael Shake from Fotolia.com
