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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 ?
36 (procedures to ensure compliance) and proposed Subparts C, D, and E, on sanctions, disciplinary proceedings and general provisions.
This is an enforcement proceeding brought by the Board of Governors of the Federal Reserve System (the "Board") against Incus Co.
One approach a company can take is to determine the amount of expense that would have been incurred had the bankruptcy proceeding not been instituted.
It was said in the judgment that ECP has the authority to initiate contempt of court proceedings under article 204 of the constitution and representation of people act and proceedings is being launched against PTI chief under Article 103 A, 204 , representation of people act and contempt of court ordinance .
The question on this point is whether the nature of the New York proceedings is such as to engage the power of the English court to grant interim relief under Section 25 of the 1982 Act.
added that his participation in the case might bring prejudice to the proceedings.
ISLAMABAD -- Speaker National Assembly Sardar Ayaz Sadiq on Tuesday suspended the proceeding of the House due to lack of quorum.
The introduction states that the Guidelines are designed to establish a roadmap for cross-border communications and interactions among the various insolvency courts involved in the cross-border proceedings.
courts before the foreign administrative tribunal and courts by submitting the evidence to the investigating agency in the foreign proceedings.
A detailed discussion of each of these proceedings is beyond the scope of this column.
While all the prosecutors who had drawn up the summaries of proceedings for the former ministers and Bozday- have, in the meantime, been removed from their positions, the public has so far not been provided with any information on the fate of these proceedings.
Currently under the Sarbanes-Oxley Act of 2002, these proceedings are required to be nonpublic unless the board finds good cause to make them public and all parties consent to open them to the public.

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