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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 ?
Addressing more than 100 lawyers and members of the public at the third DIFC Courts Lecture of 2015, Hwang said the Wills and Probate Registry is based on international common law principles but is designed to be easily accessible to lawyers in the UAE, whatever their professional background.
Until recently, probate - the process which is required to transfer ownership of property or assets from a deceased person to their beneficiaries - was the sole preserve of solicitors.
Shelby County, Alabama desires to solicit competitive bids from responsible vendors to provide a judicial case management system product and services for the Probate Court, Shelby County, Alabama.
2014, admitted to Probate as the Last Will and Testament 01 the above-named Decedent and the undersigned has been appointed Executor thereunder.
Launched earlier this month, it aims to provide reassurance to those looking for legal advice and assistance in either writing a will or validating inheritance through the probate process.
The Evan Guthrie Law Firm practices in the areas of estate planning probate wills living trust special needs trusts personal injury accident and divorce and family law and entertainment law.
The Co-operative Legal Services has urged the Government to regulate probate and estates administration providers - an industry which handles assets worth over [pounds sterling]65 billion* each year.
1) INTESTATE: Property owned in a sole name (individually) is considered m probate property and will pass according to statutory state intestacy law when there is no will.
A Assuming your mother had more than PS5,000 to leave, your brother-in-law will have to make an application to the Probate Registry to deal with your mother's estate.
170, titled "Appeal Proceedings in Probate and Guardianship Cases," took effect on January 1, 2012.
SIR - I wrote to the Probate Registry of Wales, following my mother's death, to ask them to send me a set of forms so I could obtain probate.
Probate gives people the legal right to handle the estate of a deceased person.