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.
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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 ?
(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)
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.
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).
White, J.D., chair of the Probate Committee of the Real Estate and Probate Law Section of the National Bar Association.
probate law and the probate exception, holding that federal courts in
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.
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.
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.
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)
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.