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.
..... 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
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References in periodicals archive ?
(86) As phrased by Ralph Brashier, an expert in probate law, "[T]he first goal of intestacy law is to effectuate the typical decedent's intent, but like all laws, probate laws ultimately should promote and protect the state." (87)
Probable intent vs. certainty: the Missouri Probate Court and the Uniform Probate Code
It significantly changed probate law by allowing specified family members who lived with and provided direct care to a "disabled person" to file a claim in probate court for those services, after the disabled individual's death.
Custodial claims: compensation for family caregivers: custodial claims enable family members who cared for a now-deceased relative to be paid for their years of unpaid or underpaid caregiving. Here's how it works
Dennis Sandoval is the only attorney in California who is board certified in elder law, taxation law and estate planning, trust and probate law (certified by the California Bar Board of Legal Specialization and the National Elder Law Foundation).
Part two: taxation of special needs trusts
Palumbo has been recognized for her work in estate planning and probate law in the 2008 New York Metro edition of Super Lawyers.
Tarter Krinsky & Drogin LLP is pleased to announce that counsel Joann T. Palumbo has been recognized for her work in estate planning and probate law in the 2008 New York Metro edition of Super Lawyers
probate law) to access bank accounts that the decedent had retained in Germany.
In dispute over German accounts of naturalized U.S. citizen, German trial rules that U.S. law applies and Letters of Administration should issue to the estate
White, J.D., chair of the Probate Committee of the Real Estate and Probate Law Section of the National Bar Association.
Living wills and medical powers of attorney
probate law and the probate exception, holding that federal courts in
A prudential exercise: abstention and the probate exception to federal diversity jurisdiction
Brashier has significant experience in the area of probate law, and this book's extensive legal and secondary source citations reflect the depth and breadth of his considerable knowledge.
Ralph C. Brashier, Inheritance Law and the Evolving Family
Hope Fuqua & Campbell will focus on business and commercial law, employment law, real estate law, probate law, insurance law, family law, criminal defense, administrative law and litigation.
Friday firm largest, shake-up in next 4; Kutak Rock makes big gains
State law allows an executor to bring suit to enforce a probate law provision that estate taxes be paid pro rata from the assets subject to tax.
New IRA trust rulings: IRS making it difficult to use "separate share" trusts
For example, all probate codes protect surviving spouses.(88) Decedents cannot fully disinherit their surviving spouse.(89) This protection, however, is only afforded to those falling within the category of "surviving spouse."(90) Probate law does not recognize a surviving domestic partner as a surviving spouse for property distribution purposes.(91) This exclusion means "the surviving partner [is treated] as no more a natural object of the decedent's bounty than a complete stranger."(92)
Respecting commitment: a proposal to prevent legal barriers from obstructing the effectuation of intestate goals
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."[1] In other words, appeal to the family (in some sense of the term) should be seen as the most favored way of making decisions for those who can't decide on their own; treatment directives or durable powers of attorney for health care should be employed only when there is no family or the patient has reasons for not wanting the family to make these decisions.
Preferences and other moral sources

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