To become a probate judge in the US, one must first become an attorney and meet residency, age, and licensing requirements. The process of becoming a probate judge varies by jurisdiction, with paths including nomination, selection, and election. In some states, probate judges are appointed by the governor or a judicial screening committee. Retention elections may also be required.
Probate judges are responsible for determining how a person’s will is carried out after their death. To become a probate judge in the United States, a person must first pass the court and become an attorney. Most states require an attorney to be licensed for a minimum number of years before becoming a probate judge; most states also have residency and age requirements. From there, the process of becoming a probate judge varies by jurisdiction. There are three main paths to office: being nominated, being selected, or being elected by the general population in party or non-party elections.
In some states, probate judges are appointed by the governor, something that may happen elsewhere when there is a seat vacancy between elections. A person who wants to become a probate judge in a state where governors make the appointments will likely have to submit an application to a judicial screening or nominating committee. The committee will send its recommendations to the governor to make his selection. For example, in Iowa, probate judges are vetted by a magistrate nominating committee. Members of this committee include a district court judge, two attorneys and up to three non-lawyer members.
Another relatively uncommon way to become a probate judge is through commission or legislative selection. Sometimes they are combined with government commitments. Other times, a candidate who wants to become a probate judge applies to a senior judge or commission. The selection process is treated like the selection process for jobs in the business world, with the candidate being interviewed by prospective supervisors and subjected to reference checks.
In most US states, candidates must win an election to become a probate judge. There are two main forms of election: partisan and non-partisan. Party elections for succession trials are less common, but not unheard of. In a party election, judges must be nominated by their political party or be chosen through primary elections.
More common are non-partisan elections at the county or local level. To become a probate judge in a state where non-partisan elections are held, a candidate must apply to enter the ballot. The candidate must campaign like any other elected official, although most judge races are more low-key and dignified than legislative and executive races. After the election, the winning candidate is sworn in as a probate judge. Terms tend to range from six to 10 years.
In states where probate judges are appointed or elected, they may have to undergo a retention election during the next election cycle or after a certain period of time. A holding election is not an opposing election, but one in which the population votes to approve or disapprove of the judge. If the judge does not get approval, he or she will be replaced with a new appointment or selection.
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