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 ?
You'll want to draft a provision waiving apportionment if a client (1) has primarily probate assets, all of which are disposed of under a residuary clause, or substantial specific or general bequests and the recipients of those assets are favored over the residuary beneficiaries, or (2) has both probate and nonprobate assets but wants to favor the nonprobate recipients.
Cole says another misunderstanding is that holding assets in joint tenancy will bypass probate.
In their efforts to avoid probate, property owners sometimes fail to make full use of the federal estate tax applicable exclusion amount.
Her new job at Mincoffs, whose offices are based in Jesmond, in Newcastle, now involves drafting wills and various probate documents, dealing with estates, general administration, liaising with clients and secretarial support for the busy probate department.
R directs that if the residuary probate estate assets are insufficient, then the estate's remaining administration costs are to be paid from R assets.
First, Decedent's life was centered in Virginia, as evidenced by the Death Certificate, the Will, the Trust Agreement, the filing of the will in Virginia probate court, the naturalization certificate, as well as the declaration of Decedent's wife.
He is a member of the NJ State Bar Association sections on Real Property, Probate and Trust Law, and Elder Law, the NY State Bar Association Trust and Estates Law Section, and The Bergen County Bar Association.
Note that the settlor may shorten the three-year statute of limitations to 180 days pursuant to Probate Code Sec.
The archivists at the federal archives in East Point, Georgia, where Bellesiles told Lindgren he did most of the probate work, insist they never had the probate records.
Probate specialist Afonwy Pryce-Howell has joined the team with the remit of developing Robertsons' wills, probate and trusts service.
When someone dies in England and Wales, banks and building societies will typically freeze their accounts until the person in charge of dealing with their will, known as the executor or someone acting on their behalf, applies for an official document known as a grant of probate.