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 ?
52) The Supreme Court of Nevada rejected their argument, citing the important function of non-claim statutes in the probate process.
A simple technique to avoid the probate process and/or provide certain safeguards during any periods of disability is to transfer one's assets into a revocable trust.
These conflicts, together with the generally slow probate process, can easily result in a DELAY of 1 to 2 years or more (3)
This legal arrangement allows the client to transfer assets to beneficiaries without having to endure the probate process, which can be expensive and tie up an estate for months and even years after death.
You and your clients can avoid the publicity of the probate process by doing some smart planning while you are alive.
Assets owned by living trusts generally are not included as part of the probate process at death.
There are several separate costs in the probate process, starting with the filing fee of $320.
Most clients have heard horror stories about the time and cost of the probate process and how revocable trusts can simplify the transfer of assets.
Misinformation about probate is so prevalent that it makes sense to educate clients about the probate process first to enable them to make fully informed decisions about all aspects of their estate plan.
Dying without a will can create a more difficult, expensive, and volatile probate process for loved ones who are still grieving.
The decedent's personal representative will know that an attorney needs to be retained and the probate process needs to be initiated.