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 ?
The Florida Bar has gotten involved, with the Bar approving a grant of around $23,000, with the Real Property, Probate, and Trust Law Section putting up one-third of those funds.
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.
Even before the book is in print, having read both Beliesiles' 1996 article that formed the core of the book and advance press coverage, Northwestern University law professor James Lindgren asks to see Bellesiles' probate database.
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.
Over the next seventeen months Judge of Probate William Crabtree supervised two additional investigations by prominent slaveholders with ties to the Spanish era.
That will keep the second property from having to pass through probate. Consider changing the estate plan as soon as the first spouse dies, though, or if marital problems may lead to divorce or disinheritance.
If it's a property the client's family wants to keep, make sure the estate plan addresses that in a way to minimize taxes and avoid probate.
While we mess about with "Welsh Government" policies, it is not really good enough to have a body which calls itself "Probate Registry of Wales" failing to provide a public service.
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.
Probate applies to real property in other states as well, which means any vacation or investment property owned outside of Washington may require a separate probate in that state, adding to the administrative burden and expense of your estate.
If a finding of incapacity is made by the probate, a substitute decision maker is usually appointed by the court (i.e., guardian of the person) to assist the person with a disability in making decisions in one or more major life-areas.