Court procedure by which a will is proved to be valid or invalid; though in current usage this term has been expanded to generally refer to the legal process wherein the estate of a decedent is administered. Generally, the probate process involves collecting a decedent's assets, liquidating liabilities, paying necessary taxes, and distributing property to heirs. These activities are carried out by the executor or administrator of the estate, usually under the supervision of the probate court or other court of appropriate jurisdiction.
- probate court
- probate jurisdiction.
In the canon law, "probate" consisted of probatio, the proof of the will by the executor, and approbatio, the approbation given by the ecclesiastical judge to the proof
@ probate bond
One required by law to be given to the probate court or judge, as incidental to proceedings in such courts, such as the bonds of executors, administrators, and guardians
@ probate code
The body or system of law relating to all matters of which probate courts have jurisdiction; e.g. Uniform Probate Code
@ probate court
A court having general powers over probate of wills, administration of estates, and, in some states, empowered to appoint guardians or approve the adoption of minors. Court with similar functions is called Surrogate or Orphan's Court in certain states.
- probate jurisdiction
@ probate duty
A tax laid by government on every will admitted to probate or on the gross value of the personal property of the deceased testator, and payable out of the decedent's estate.
See also estate tax
@ probate estate
The property of a decedent that is subject to administration by the executor or administrator of an estate
@ probate homestead
@ probate jurisdiction
The exercise of the ordinary, generally understood power of a probate, surrogate or orphan's court, which includes the establishment of wills, settlement of decedents' estates, supervision of guardianship of infants, control of their property, and other powers and functions pertaining to such subjects.
See also probate court
@ probate proceeding
A general designation of the actions and proceedings whereby the law is administered upon the various subjects within "probate jurisdiction" (q.v.)

Black's law dictionary. . 1990.

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  • probate — pro·bate 1 / prō ˌbāt/ n [Latin probatum, neuter of probatus, past participle of probare to test, approve, prove] 1 a: the process of proving in a court of competent jurisdiction (as a probate court) that an instrument is the valid last will and… …   Law dictionary

  • probate — pro‧bate [ˈprəʊbeɪt, bt ǁ ˈproʊbeɪt] noun [uncountable] LAW the process used to establish that a will (= a statement saying who you want to have your money and property when you die) has been properly made out, according to the law: • All joint… …   Financial and business terms

  • Probate — Pro bate, a. Of or belonging to a probate, or court of probate; as, a probate record. [1913 Webster] {Probate Court}, or {Court of Probate}, a court for the probate of wills. {Probate duty}, a government tax on property passing by will. [Eng.]… …   The Collaborative International Dictionary of English

  • probate — [prō′bāt; ] for n. [, ] Brit [, prōbit] n. [ME probat < L probatus, pp. of probare, to prove: see PROBE] 1. the act or process of proving before a duly authorized person that a document submitted for official certification and registration,… …   English World dictionary

  • Probate — Pro bate, n. [From L. probatus, p. p. of probare to prove. See {Prove}.] [1913 Webster] 1. Proof. [Obs.] Skelton. [1913 Webster] 2. (Law) (a) Official proof; especially, the proof before a competent officer or tribunal that an instrument offered …   The Collaborative International Dictionary of English

  • Probate — Pro bate, v. t. To obtain the official approval of, as of an instrument purporting to be the last will and testament; as, the executor has probated the will. [1913 Webster] …   The Collaborative International Dictionary of English

  • Probate — (engl., spr. Probet), 1) die Prüfung überhaupt: bes. 2) die Prüfung u. Bestätigung des letzten Willens; daher P. Court (spr. P. Kohrt), der Gerichtshof für Testaments , Erbschafts u. Vormundschaftsangelegenheiten …   Pierer's Universal-Lexikon

  • probate — ► NOUN 1) the official proving of a will. 2) a verified copy of a will with a certificate as handed to the executors. ORIGIN Latin probatum something proved …   English terms dictionary

  • Probate — Not to be confused with Probation. Wills, trusts and estat …   Wikipedia

  • probate — /proh bayt/, n., adj., v., probated, probating. n. 1. Law. the official proving of a will as authentic or valid in a probate court. 2. an officially certified copy of a will so proved. adj. 3. of or pertaining to probate or a probate court. v.t.… …   Universalium

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