probate

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.

See letters

- 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.

See also Court of Orphans

- 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

- inheritance tax

@ probate estate

The property of a decedent that is subject to administration by the executor or administrator of an estate

@ probate homestead

See 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.)

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