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 ?
However, heirs may not benefit from ownership until the estate, including the business assets, passes through probate.
Probate also makes the affairs of the estate public--something many prefer to avoid, especially if there are things they want to keep private from the rest of the family or the general public.
The money will pay for meetings of the special work group that is drawing up the standards and the nuts-and-bolts details for the probate filing system.
In this case, implementation does not mean that probate e-filing will be up and running by October 1, although court and clerk officials say they are making quick progress.
Bellesiles claims to have found the missing San Francisco probates at the Contra Costa County Historical Archive.
Hence, although the three scholars could not find that Bellesiles' use of Vermont and Providence probates constituted "intentional fabrication or falsification;' they were "seriously troubled by his scholarly conduct" and "sloppy scholarship," which "does not prove a deliberate attempt to mislead, however misleading the result.
The appointment of a substitute decision maker by the Probate is certainly the most restrictive intervention that could occur as a result of an overreaction by both medical and rehabilitation professionals.
Further, instrument developers must be familiar with current probate laws so that the utility of such measures can be of value to judges who need to make important decisions regarding the person's rights to chose their own care and treatment.
At the ensuing inquiry the Sutton elders told the probate judge they would prefer to remain in Florida, but that they would emigrate rather than become slaves of their uncle.
At first, the Florida probate court directed the estate's representative in Florida to distribute the decedent's Georgia real estate, but one of the beneficiaries appealed the order, arguing that the Florida probate court lacked jurisdiction to dispose of the Georgia real estate.
My letter was returned to me with an anonymous slip advising me: "to obtain the probate application forms either contact the Inland Revenue on 0845 3020 9200, or download the forms on "theprobateservice.