probate

(redirected from Probate law)
Also found in: Dictionary, Thesaurus, Legal, Financial.
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.
..... Click the link for more information.
 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
..... Click the link for more information.
 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 ?
The legislative history of Missouri probate law has undertaken a fascinating metamorphosis, resulting in a hardline approach to intestacy law.
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.
90) Probate law does not recognize a surviving domestic partner as a surviving spouse for property distribution purposes.
Dallas High suggests that depending on what results reward our searching, "advocates, policymakers, and scholars will have to learn that the current advance directive process may be the inverse of what it should be and that restructuring the process on the model of probate law may not be so bad after all.
Claims of undue influence(5) or unsound mind, which occupy so prominent a place in American probate law, are virtually unknown both on the Continent and in English and Commonwealth legal systems.
State probate law dictates that individuals with one common parent are treated as full blood siblings.
As for probate, Wisconsin is the first state in the country with a do-it-yourself probate law.
Lawton is board certified in estate planning and probate law by the Texas Board of Legal Specialization.
Tenders are invited for hhfdc is seeking statements of interest and qualifications from legal service providers, as hhfdc anticipates contracting for legal services in the following areas: bankruptcy, business law, contract law, contract negotiation, civil rights, collections, estates and trusts, landlord-tenant law, probate law, real property, and water rights.
He is also active in the legal community and serves on the Estate and Trust Tax Planning Committee, as well as the Probate Law and Procedure Committee of The Florida Bar Real Property, Probate and Trust Law Section.
Sarah Young, Partner with Ridley & Hall Solicitors and a specialist in contentious probate law said: "This is not as isolated a problem as you might think.
The probate lawyer you choose should be experienced in handling all aspects of probate law and contentious probate litigation," she said.