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Related to Probate law: probate will, Probate estate


The process by which a will is authenticated and carried out. That is, probate ensures that the will is in fact the decedent's final wishes and that everyone is receiving what they ought to receive. The executor of the estate usually handles probate, but his/her actions can be challenged in probate court. Some property, notably property co-owned with a spouse, is exempt from probate.


The proof that a will is valid and that its terms are being carried out. Probate is accomplished by an executor/executrix who is paid a fee based on the size of the estate that passes through the will. Certain trusts and jointly owned property pass to beneficiaries without being subject to probate and the attendant fee. See also nonprobate property.


Probate is the process of authenticating, or verifying, your will so that your executor can carry out the wishes you expressed in the document for settling your estate and appointing a guardian for your minor children.

While the probate process can run smoothly if everything is in order, it can also take a long time and cost a great deal of money if your will isn't legally acceptable or it's contested by potential beneficiaries who object to its terms.

If you die without a will, the same court that handles probate resolves what happens to your assets based on the laws of the state where you live through a process known as administration. The larger or more complex your estate is, the greater the potential for delay and expense.


To prove the validity of a will. Probate courts generally oversee decedents' estates, the payment of bills,and the distribution of assets.Some states have exemptions for small estates,which may avoid probate.Other states have no exemptions.Probate will need to be opened in every state in which a decedent owns assets,including real estate,unless there is a specific state exemption.

References in periodicals archive ?
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).
If you have an interest in real property and/or probate law, you should join the Real Property, Probate and Trust Law Section.
In fact, they seemed to actually be immersed in the intricacies of Texas probate law in an effort to determine when federal courts may hear claims that involve state probate proceedings.
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.
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.
Claims of undue influence(5) or unsound mind, which occupy so prominent a place in American probate law, are virtually unknown both on the Continent and in English and Commonwealth legal systems.
State probate law dictates that individuals with one common parent are treated as full blood siblings.
As for probate, Wisconsin is the first state in the country with a do-it-yourself probate law.
Lawton is board certified in estate planning and probate law by the Texas Board of Legal Specialization.