probate

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probate

(prō`bāt), in law, the certification by a court that a willwill,
in law, document expressing the wishes of a person (known as a testator) concerning the disposition of her property after her death. If a person dies intestate, i.e.
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 is valid. Probate, which is governed by various statutes in the several states of the United States, is required before the will can take effect. The procedure requires that notification of a hearing be given to all persons who may possibly inherit the deceased's property. Lost wills and oral wills may also be probated in some states if proof of due execution is furnished. If the will is certified, the court will issue letters testamentary authorizing the executorsexecutors and administrators.
An executor is the person designated in the will of a deceased person to carry out the provisions of the will. An administrator is the person appointed by a probate court to perform the identical functions if the will does not name any executors or
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 to carry out the will's provisions. The judge sitting on a probate court is ordinarily called a surrogate.

probate

1. the act or process of officially proving the authenticity and validity of a will
2. 
a. the official certificate stating a will to be genuine and conferring on the executors power to administer the estate
b. the probate copy of a will
3. (in the US) all matters within the jurisdiction of a probate court
References in periodicals archive ?
Most states have procedures for streamlining versions of probate, or in some cases skipping the probate process entirely.
She said solicitors acting for her had been given the necessary documentation by the police to complete the probate process.
A living trust is similar to a will in that it allows you to say who should get what; it differs from a will in that property left by a will must go through the court probate process - which means that the will must be proven valid, and the person's debts are paid before the property is distributed.
This transfer of control is automatic and doesn't require approval by the courts, as wills do when proceeding through the probate process, Lee says.
Many unsophisticated and sophisticated clients alike are being advised that, in order to alleviate their concerns regarding the protection of their assets from the probate process and possible inheritance taxes, they need to resort to elaborate schemes and structures involving the use of offshore trusts and several layers of offshore private investment companies (PLC).
But the probate process is avoided and the home transfers directly to the named beneficiaries.
Part I, below, centers on income tax issues that often arise during the probate process, with an emphasis on deciding between estate and income taxes.
It takes into account the liquidation values and liquidity of estate assets and the ability of life insurance death benefits to bypass the probate process.
203(1) is designed to "flush out" a potential will contest before the probate process goes too far by providing that if the persons who are likely to have some interest in the validity of the will being offered for probate6 file a caveat, then the proponent of the will must notify them as "interested persons.
Pain: The family must relive their loved one's death throughout the probate process.
The recovery and brand protection benefits of the probate process - the most effective, customer-centric approach for collecting on deceased debt - have been recognized by creditors and collection agencies for years," said Ron Michalak, vice president of marketing, Forte.