A probate clerk, or probate clerk of court, is an official of the courthouse who is professionally trained to serve the public on matters related to the probate and estate settlement process.
What you need to know
Probate clerks are all-around admin support and helpers for probate judges.
Probate clerks are not allowed to give legal advice.
Executors and personal representatives will interact often with probate clerks in the local court of the deceased's domicile.
All courts have staff. Some of those staff are clerks, and therefore probate courts have probate clerks. They're professionals whose job includes helping and managing people going through the probate court office, scheduling court appointments, filing probate forms, and anything the else the judge could use some help with. They will be the lead point of contact for executors and personal representatives looking to settle an estate in a particular jurisdiction.
How to open a loved one’s safe deposit box after they die
Opening the safe deposit box of your spouse or other loved one isn’t as easy as driving down to the bank. States often require multiple forms, and the laws depend on where you live. To make things simple, we’ve listed every state and what they require so you can open a safe deposit box quickly and easily.
Find your state’s rules
Mary's mother passed away in Illinois last month, specifically in Casey. Mary knew she needed to correspond with the place where her mother was domiciled (permanently resided), so she used a court directory and realized in Illinois there aren't separate probate courts — just circuit courts. She looked up local circuit courts and found they were separated by county.
After confirming her mother's address, she saw that her mother technically lived in Clark County. Mary looked up Clark County Circuit Court, found the address, and dropped by to petition to become the executor of her mother's estate.
After she dropped by, she met Jane, the probate clerk who was there to answer any questions and accept her petition for probate form.
In collaboration with
Ben Hopf
Ben is the Founder & CEO of Atticus and frequent trust & estates contributor with specialized background in generational family wealth planning & transfers. Ben serves on the Board of Directors for the Trust Education Foundation, which oversees internal & external support for the nation's only undergraduate & graduate level Trust & Wealth Management programs, offered exclusively at Campbell University.
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