probate

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Related to Probate law: probate will, Probate estate

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 ?
Allowing judges to make a case by case decision about what is a family could result in different and inconsistent laws, and Brashier asserts that states should develop default probate laws that better reflect modern American families, without sacrificing the objectivity and efficiency.
Instead, High's suggestion that proxy decisionmaking be restructured on the model of probate law points to a belief that we should trust families even more than the conventional view calls for.
Because the "worst evidence" principle of American probate law requires the testator to be dead before the court decides whether he was capable when he was alive, good planners take steps to generate and preserve favorable evidence of the testator's capacity and independence.
However, in view of state probate law and the common name attribute, in this situation the stepbrother should be treated as a nondependent close relative for purposes of independence.
Lippitt O'Keefe Gornbein, PLLC, is a full service law firm that offers experienced legal professionals delivering client-focused counsel within the areas of general commercial litigation and commercial transactional law, including commercial litigation, real estate law, business law, employment law, estate planning and taxation, family and probate law, appellate practice, and intellectual property law.
The probate lawyer you choose should be experienced in handling all aspects of probate law and contentious probate litigation," she said.
Dillon, of Dover, is a member of the Trusts and Estates Department and practices in the areas of taxation, estate planning, probate law, and elder law, including Medicaid planning,
I did probate law as a private practitioner, and I edit all the probate, guardianship, and trust manuals, and have for many, many years.
Bianchi is a certified family law specialist whose practice is in family law, adoptions, estate planning and probate law.
The Probate Law Committee of the Real Property, Probate and Trust Law Section of The Florida Bar had substantial responsibility for the recent revision of the Florida Probate Code.
McNeil is an attorney with the firm of Ferrari, Ottoboni, Caputo and Wunderling in San Jose, California, where he is a certified specialist in Estate, Trust and Probate Law.
As Wynn at Law, LLC continues to successfully handle bankruptcy, real estate, and probate law cases, one can look forward to new convenient locations that expand services to more Southeastern Wisconsin residents.