Surrogate Court

Surrogate Court

A surrogate court, sometimes referred to as probate court, is a specialized court which deals with matters of probate and the administration of estates. It adjudicates in cases to do with the distribution of deceased persons' estates. The surrogate court issues the grant of probate or, if a person dies intestate, a grant of administration, thereby giving judicial approval to the personal representative to administer matters of the estate.

In contested matters, a probate court examines the authenticity of a will and decides who is to receive the deceased person's property. In a case of an intestacy, the court determines who is to receive the deceased’s property under the law of its jurisdiction. The surrogate court will then oversee the process of distributing the deceased’s assets to the proper beneficiaries.

A surrogate court is commonly referred to as a probate court. In some jurisdictions, it is also referred to as an orphans court, or a court of ordinary.

A probate court administers proper distribution of the assets of a deceased. A probate court determines the validity of wills, enforces the provisions of valid will, prevents malfeasance by executors and administrators of estates, and provides for the equitable distribution of the assets of persons who die intestate (without a valid will). In other jurisdictions, these functions are performed by chancery court or another court of equity. A probate court may also deal with conservatorships, guardianships, name changes, marriages, and adoptions.

The surrogate court can be petitioned by interested parties in an estate, such as when a beneficiary feels that an estate is being mishandled. The court has the authority to compel the executor to give an account of his actions.

The judge of a probate court is sometimes known by another name, in accordance with the jurisdiction's historical tradition. In New York, the court with jurisdiction over probate matters is the surrogate's court and the judge is the surrogate. In Georgia, the probate court was formerly known as the court of ordinary and the judge was the ordinary.
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Probate court

Probate court is a specialized court which mainly attends to matters regarding the estate of a person who has died. Depending on the state in which you reside, this type of court might also be referred to as Orphans Court, Court of Equity, Court of Ordinary or Surrogate Court.

The primary function of Probate Court is to make certain the assets of the decedent are properly disbursed to beneficiaries. If a person dies Intestate (without leaving a Will), the probate judge assigns someone to administer the estate. Probate courts came into existence in the United State in 1784, with the first court established in Massachusetts.

The difference between equity law and laws regulated by courts of law is that court regulated laws pertain to legal doctrines or statutes, while equity laws are regulated by general guides known as "maxims of equity."

Within the United States, probate laws are regulated by each individual state. Although these laws vary from state to state, the vast majority require a decedent's estate to be overseen by an appointed estate executor or administrator. Estate executors are responsible for filing necessary documents including inventory, accounting and tax forms and the distribution of probatable assets to beneficiaries and heirs.

In addition to estate administration, probate courts oversee cases which require the enforcement of equity law. Probate courts also oversee involuntary commitment of mentally ill patients to a state hospital.

Adoptions are oftentimes handled through the probate court system. In most states it is mandatory for adoptive parents to appear in Probate Court for the final hearing.

Oftentimes, birth certificates are kept on file through the Probate Court. Depending on the state and jurisdiction of the probate court, individuals seeking information about unrecorded births, lost or destroyed birth certificates, or certificates which have not been properly or accurately files must contact the Probate Court to obtain or change information.

Probate courts also oversee applications for legal changes of name and marriage licenses. Although most cases presented in probate court do not require a jury, civil action cases typically require a jury trial for proper disposition.

Your friend is financially independent enough to support the child herself, and stipulates in the agreement that she waives all claims of child support on behalf of the child, and college expenses thereafter. Your friend also agrees to provide health insurance for the child and all other necessaries for the child's upbringing.
After hiring an attorney, you learn that your supposed "agreement" is invalid under Illinois Law. As a result, you are now obligated to pay child support until the child is eighteen years old in an amount equaling 20% of your income.

Clearly, this is a nightmare scenario for the innocent donor. Yet, this is exactly what would happen under Illinois law: public policy demands that children be supported by their "parents." The state is far more concerned that the child does not become a public ward than how a child is conceived. Thus, parents cannot agree among themselves for one parent to "waive" child support.

One way might be to have the donor pay child support at 20% of his net income in child support. However, the parties could then enter into a separate agreement wherein the parties agree that the donor is to be paid for his donation to the putative mother until the child reaches 18 years of age. The second agreement would provide that the putative mother is to pay the donor an amount equal to 20% of his net income until the child reaches majority.

Women are paid for surrogate motherhood. There is no reason a husband can't be paid for the donation of his sperm to the bringing forth of the child. At least superficially, there would appear to be no public policy offended if the mother paid the donor for his providing an essential element to childbirth.
Further, the court could invalidate both agreements as violating public policy if it were to determine that the separate agreement was merely a sham to avoid the donor from really paying child support.
Until the legislature immunizes a donor from claims for child support, his generosity and consideration could be the largest financial mistake of his life.