Probate vs. Probation: What’s the Difference?
Probate and probation sound almost identical. They mean completely different things.
It happens all the time: someone calls the Probate Court when they are actually trying to reach their probation officer.
We understand the confusion. The words probate and probation look alike, sound alike, and even share Latin roots. But their modern legal meanings are very different.
Here’s the easiest way to remember the difference:
- Probate involves Wills, estates, trusts, guardianships, conservatorships, and other matters within a probate court’s jurisdiction.
- Probation involves criminal law and court-ordered supervision.
If you’re looking for your probation officer, we probably can’t help you.
If you’re dealing with a Will, estate, trust, personal representative, inheritance, guardianship, conservatorship, or Probate Court?
Now you’re speaking our language.
What Does Probate Mean?
The word probate comes from the Latin probare, meaning to test, prove, examine, or approve. It came into English through forms related to the Latin probatum, meaning something proved or approved.
That history gives us a pretty good description of the original legal concept: a Will had to be proved before the appropriate court.
The English word “probate” has been used since the 15th century in connection with the official proving of a Will.
Today, probate can involve much more than determining whether a Will is valid. Depending on the jurisdiction, probate courts may handle the administration of estates, trusts, guardianships, conservatorships, and other related proceedings.
What Does Probation Mean?
Probation comes from the same general Latin family. It derives from probatio, meaning a testing, trial, inspection, or examination.
But its modern legal meaning is very different from probate.
In criminal law, probation generally refers to a criminal sentence or period of court-ordered supervision during which a person remains in the community subject to conditions imposed by the court. A probation officer may supervise the person’s compliance with those conditions.
In the United States, the development of modern probation is closely associated with John Augustus, a 19th-century Boston bootmaker and reformer who became known as the “Father of Probation.” Beginning in 1841, Augustus persuaded courts to release certain offenders into his supervision and worked with them toward rehabilitation.
Probate vs. Probation: The Simple Version
| Probate | Probation |
|---|---|
| Involves estates and other matters within probate jurisdiction | Involves criminal law |
| May involve Wills, trusts, guardianships, or conservatorships | Involves conditions imposed as part of a criminal sentence or supervision |
| May involve a personal representative, executor, trustee, guardian, or conservator | May involve a probation officer |
| Think: Probate Court | Think: Criminal Court and supervision |
So, Which One Do You Need?
If you’re trying to report to your probation officer, discuss the conditions of probation, or ask about criminal supervision, you’re looking for probation.
If you’re dealing with a deceased person’s estate, a Will, a trust, a guardianship, a conservatorship, or another matter handled by Probate Court, you’re probably looking for probate.
This video provides additional information about the probate process:
Frequently Asked Questions About Probate and Probation
Is probate the same thing as probation?
No. Probate and probation share similar-sounding names and related Latin roots, but they refer to very different legal processes. Probate concerns matters within the jurisdiction of a probate court. Probation concerns criminal sentencing and supervision.
Does Probate Court handle probation?
Generally, no. Probate matters and criminal probation matters are handled through different parts of the court system.
Do I call Probate Court to reach my probation officer?
No. If you are trying to contact a probation officer, you should contact the appropriate probation department or criminal court—not Probate Court.
What kinds of cases does Probate Court handle?
The exact jurisdiction varies by state. Probate courts commonly handle matters involving deceased estates and Wills and, in many jurisdictions, may also handle trusts, guardianships, conservatorships, and related proceedings.
We Know Probate. Probation? Not So Much.
At The Probate Pro, we know very little about probation.
But probate? That’s what we do.
If you need help understanding an estate, Will, trust, guardianship, conservatorship, or other probate matter, contact The Probate Pro.